Project Import assessment under 98.01 benefit is also not available to a single or composite machine
Posted by Right_informer on 01 July 2010
To the kind attention of the Commissioner of Customs, Chennai.
CESTAT Stay Order No. 605/2009, dated 2-7-2009 in Application No. C/S/70/2009 in Appeal No. C/134/2009 reported in 2009 (247) E.L.T. 793 (Tri. - Chennai) says
2. Prima facie there is nothing in Para 3 of the PIR to deny the project import benefit to a single machine. Further, we find that industrial plant comprises of one or more numbers of units and the imported machinery is for, ‘substantial expansion of the unit of the existing industrial plant’ of the applicant irrespective of the fact that it is a single machine or a composite machine and the imported machinery is intended for substantial expansion of existing unit of an existing industrial plant of the appellants.
But the PIR Project Import Regulations, 1986 reads ...
3. The different projects to which heading 98.01 applies are; irrigation project . . . However this benefit is not available to hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and workshops. This benefit is also not available to a single or composite machine.
We bring the above facts to your kind notice please.
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