2014 (3) TMI 448

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....06-CE dated 01.03.2006 (Sl. No.91) for supply against International competition bidding (ICB) to the Chandrapur Project and Bhusawal Project of Maharashtra State Power Generation Co. Ltd (MAHAGENCO) during the period January 2010 to February 2011. The Commissioner confirmed duty of Rs.35,51,26,273/- along with interest and penalty for violation of the condition of the said Notification. 2. Heard both sides and perused the records. 3. Serial No. 91 of the Table appended the Notification No. 6/2006-CE provides all goods supplied to ICB, nil rate of duty subject to fulfillment of condition No. 19 therein, which stipulates that if the goods are exempted from customs duty when imported to India. Notification No. 21/2002-CE dated 01.03.2002....

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....bsp;     "4.12. The Notification No. 6/2006-CE and the Notification No. 21/2002-Cus. Were superseded by the Notification No. 12/2012-CE and the Notification No. 12/2012-Cus. both dated 17.03.2012; however, the exemptions contained in the earlier two notifications are continued in the present two notifications with the same conditions. Only the Sl. No. of the entry and the condition No. have changed. Thus, from 17.03.2012 onwards also, the goods supplied against ICB would continue to be exempted from Central Excise Duty in terms of Notification No. 12/2012-CE (Sl. No. 336) subject to the same condition viz. that the goods, if imported into India, would be exempted from customs duty in terms of the Notification No. 12....

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....ve been certified by the Joint Secretary, Ministry of Power as Mega Power Projects on 16.12.2009, which is before 19.07.2012 as mentioned in the notification. The two projects have been expressly specified in the List 32A at Sl. No. 53 and 55. Thus, the Notification issued by the Ministry of Finance itself identified the Chandrapur and Bhusawal Projects as being among the Mega Power Projects to which the entry at Sl. No. 507 of the Notification No.12/2012-Cus. relates. Under the entry, exemption from customs duties is granted to goods required for "setting up" of Mega Power Projects specified in List 32A, which, as mentioned above, includes the Chandrapur and Bhusawal Mega Power Projects. Consequently, the exemption from Central Excise Duty....