Power Plants – whether it is the aggregate capacity or the individual capacity that is to be reckoned for deciding exemption?
Here is another mail from an enlightened and “powerful” netizen.
Sl. No. 400 of notification 21/2002-Cus grants exemption to the imported goods of the following description falling under chapter heading 9801 --
Goods required for setting up of any Mega Power Project, so certified by an officer not below the rank of a Joint Secretary to the Government of India in the Ministry of Power, that is to say -
(a) an inter-state thermal power plant of a capacity of 700MW or more, located in the States of Jammu and Kashmir, Sikkim, Arunachal Pradesh, Assam, Meghalaya, Manipur, Mizoram, Nagaland and Tripura; or
(b) an inter-state thermal power plant of a capacity of 1000MW or more, located in States other than those specified in clause (a) above; or
(c) an inter-state hydel power plant of a capacity of 350MW or more, located in the States of Jammu and Kashmir, Sikkim, Arunachal Pradesh, Assam, Meghalaya, Manipur, Mizoram, Nagaland and Tripura; or
(d) an inter-state hydel power plant of a capacity of 500MW or more, located in States other than those specified in clause (c) above”;
This exemption is also subject to satisfying the condition 86 appended to the notification.
An interesting objection in the offing is whether this exemption is available to an individual power plant or to the aggregate capacity of the power plants being set up simultaneously. Eg. two inter-state thermal power plants of a capacity 400 MW each are being set up in Tripura – would they be entitled to this exemption?