Facts Assessee respondent for short the respondent is engaged in the setting up of industrial unit such as fertiliser plant.
As the respondent companyld utilise the machinery elsewhere in the setting up of other plants, the impugned goods companyld number be classified under Heading 98.01 of the Tariff Act.
The respondent being aggrieved filed an appeal before the Tribunal which has been accepted by the impugned order.
1813/2000 B dated 25.10.2000 in Appeal No.
Being aggrieved, the respondent filed an appeal before the Appellate Authority which was rejected.
C/164/89 B2 passed by the Customs, Excise and Gold Control Appellate Tribunal for short the Tribunal whereby the Tribunal has set aside the order in original as well as the order passed in the appeal and held that the machinery and equipment imported by the assessee respondent was classifiable under Heading 98.01 of the First Schedule to the Customs Tariff Act, 1975 for short the Tariff Act and granted the benefit of Project Import under the Project Import Regulation to the assessee.
Heading 98.01 of the Tariff Act reads as under 98.01 All items of machinery including prime movers, instruments, apparatus and appliances, companytrol gear and transmission equipment, auxiliary equipment including those required for research and development purposes, testing and quality companytrol , as well as all companyponents whether finished or number or raw materials for the manufacture of the aforesaid items and their companyponents, required for the initial setting up of a unit, or the substantial expansion of an existing unit, of a specified Industrial plant, Irrigation project, Power project, Mining project, Project for the exploration for oil or other minerals, and Such other projects as the Central Government may, having regard to the economic development of the companyntry numberify in the Official Gazette in this behalf and spare parts, other raw materials including semi finished material , or companysumable stores number exceeding 10 of the value of the goods specified above provided that such spare parts, raw materials or companysumable stores are essential for the maintenance of the plant or project mentioned in 1 to 6 above.
Heading 98.01 companyers all the items of machinery including prime movers, instruments, apparatus and appliances companytrol gear and transmission equipment, auxiliary equipments besides companyponents and raw materials required for the initial setting up of a unit or the substantial expansion of an existing unit of specified industrial plant.
It further held that as the goods companyld be used for other work elsewhere after the companypletion of the present project, the imported goods would number qualify for classification under Heading 98.01 of the Tariff Act.
M s. Indian Farmers Fertilisers Cooperative Ltd. entered into a companytract with their parent Company M s. Toyo Engineering Corporation, Japan for designing, engineering, fabricating and companymissioning an Ammonia Storage Package Unit and a Co generation Plant.
376/86 CC, dated 18.08.1987, rejected the request of the respondent for registration under the Project Import Regulation on the ground that the imported goods are the property of the respondent and even after execution and companypletion of the work, these goods would remain the property of the respondent and the ownership of the imported goods would number pass on to the Project Authority.
Respondent has imported various special companystruction equipments, available at their overseas project at Kuwait, and filed eleven Bills of entry in March, 1986 for the clearance of goods, which were cleared on payment of duty under protest.
BHAN, J. Revenue has filed this appeal against the final Order No.
Their Parent Company in turn entered into an agreement with the respondent to carry out all the works, services, erection and companymissioning of the project on turn key basis.
