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Circular No. 33/2013-Customs
F.No.354/94/2011 -TRU
Government of India
Ministry of Finance
(Department of Revenue)
Tax Research Unit
*****
New Delhi, dated the 23
th
August, 2013
To,
All Chief Commissioners of Customs.
All Chief Commissioners of Customs & Central Excise.
All Chief Commissioners of Central Excise.
All Directors General of CBEC.
Sub: - Customs Duty Exemption for Import of Ash Handling Systems, Water Treatment Plant and Coal
Transportation Facilities etc. Required for Ultra-Mega/ Mega Power Projects under Heading 9801(Project Imports)-
Clarification -Reg.
Sir / Madam,
I am directed to invite your attention to notification No. 12/2012-Central Excise (S. Nos. 337&338), dated 17-03-2012, which
provides exemption to machinery, instruments, apparatus and appliances etc. required for setting up of ultra-mega/ mega
power projects. Particular attention is invited to the Explanation, which clarifies that the goods required for setting up of these
projects include the goods required for development of facilities such as ash disposal system including ash dyke, water intake
including treatment and storage facilities and coal transportation facilities for such a project, notwithstanding the fact that such
facilities are set up inside or outside the power plant's designated boundary.
2. In this connection, representations have been received from the trade and industry that the benefit of exemption is being
denied to the afore-cited goods when they are imported for setting up of ultra-mega/ mega power projects. It has been
requested that, for removal of doubts, a clarification, on the lines of excise exemption, should be issued by the Ministry that the
said goods required for ultra-mega/ mega power projects are eligible for customs duty exemption.
3. The matter has been examined by the Ministry. In Pre Budget 2011-12, representations were received from power
producers that limited interpretation of the term power project as facilities inside the plant boundary only, was restrictive in
nature and was limiting the scope of exemption of customs and excise duty on goods required for these facilities. It was
requested that the benefit of exemption for ultra mega power projects should be extended to the development of facilities both
inside and outside the power plant's designated boundary such as ash pond, water intake, coal transportation within the scope
of the term 'project'. The matter was examined and it was decided to clarify that the benefit of exemption, available for ultra
mega power projects, would be available for development of facilities such as ash disposal system including ash dyke, water
intake including treatment and storage facilities and coal transportation, both inside and outside the power plant's designated
boundary. Accordingly, an Explanation was inserted at S. Nos. 91A & 91B of notification No 6/2006-CE, dated 1.3.2006 [now
S. Nos. 337 and 338 of notification No. 12/2012-CE dated 17-03-2012].
4 The explanation clarified, without any ambiguity whatsoever, that the goods specified in paragraph 1 above and
required for setting up of ultra-mega/ mega power projects would be eligible for the benefit of excise duty exemption even if the
facilities are set up outside the power plant's designated boundary. No such clarification was issued for the purpose of availing
of the customs duty exemption, as it was felt that this exemption would be available to the said goods under project imports.
5. Subsequently, representations were received, seeking clarification in respect of customs duty exemption on the said
goods required for setting up of ultra-mega/ mega power projects. The issue was examined in consultation with Ministry of
Power (MoP). MoP vide letter dated 13
th
October, 2011 clarified that facilities such as ash disposal system including ash
dyke, water intake including treatment and storage facilities and coal transport facilities are an integral part of mega power
projects and therefore, customs duty should be exempted for import of these goods under the Mega Power Policy. On the
basis of this, a clarification dated 29-12-2011 was issued to the Commissioner of Customs, Nhava Sheva, stating that these
goods are eligible for customs duty exemption.
6. Now, it has been brought to the notice of the Ministry that in the absence of a general clarification, the Customs
authorities at certain places are demanding duty on these goods on the ground that the goods are used outside the power
plant's designated boundary. However, the foregoing would make it clear that the intention all along was to grant exemption

from Customs duty on these goods.
6.1 For removal of doubts, it is clarified that the goods required for development of facilities such as ash disposal system
including ash dyke, water intake including treatment and storage facilities and coal transport facilities required for ultra-mega/
mega power projects are eligible for customs duty exemption, notwithstanding the fact that such facilities are set up inside or
outside the power plant's designated boundary.
7. Difficulties, if any, faced in the implementation of the instructions may be brought to the notice of the Ministry at an early
date.
Encl : clarification dated 29-12-2011
Yours faithfully,
(P.K.Mohanty)
Joint Secretary (TRU)
Telephone: 011 23092687