Exemption to mega power projects under notification no. 12/2012-ce - regarding
Arvind Pal
(Querist) 27 October 2014
This query is : Resolved
Mega power projects are enjoying benefit of notification No. 12/2012-CE when the goods such as items of machinery, including prime movers, instruments, apparatus and appliances, control gear and transmission equipments, power cables used within the power generation plant, auxiliary equipment (including those required for research and development purposes, testing and quality control), as well as all components (whether finished or not) or raw materials for the manufacture of aforesaid items and their components are supplied to them. In the case of power cables there appears a condition that the power cables used within the power generation plant. The question why it has specifically been stated that the power cables used within power generation plant. Whether plant is separate from power project. Whether there is any scope for use of power cables other than power plant. Kindly clarify.
Anirudh
(Expert) 27 October 2014
The power cables can also be used for transmission outside the plant.
Devajyoti Barman
(Expert) 27 October 2014
File a writ application of the nature of PIL in high court.
Anirudh
(Expert) 27 October 2014
Dear Mr. Barman,
The querist simply wants to know whether power cables can be used anywhere else other than power plant. He simply wants clarification for his personal knowledge (as he is under the impression that the power cable can be used only in the power plant and as such, the specific condition that the power cables used within the power generation plant need not have been mentioned in the notification No. 12/2012-CE).
In this case how the writ application will lie? You may like to review.
Guest
(Expert) 27 October 2014
Dear Author,The Experts who always claim they are 100% correct could reply the author in their replies with out Questioning other Experts about their reply and they continue with out even updating their 'About Me' Profile and being Anonymous.
Anirudh
(Expert) 27 October 2014
Answer to the point, if you have any legal answer.
Guest
(Expert) 27 October 2014
Dear Author ,Better to Ignore Anonymous and allow them to talk to themselves.
Anirudh
(Expert) 27 October 2014
If they have to talk to themselves, why he interfered?
When he does not have legal answer, this is the standard escapist answer!
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
What ever it is, the query raised by author is not all related to legal issue hence such general knowledge questions may be discussed by the author within his elite circle.
Arvind Pal
(Querist) 29 October 2014
Dear Ld Kalaiselvan, Mr. Narasimha and Dear Anirudh, thanks a lot for considering my query. I would like to clarify Mr. Kalaiselvan that this is not for personal knowledge only as the issue is very sensitive, if you go by the wordings of the notification. The said notification exempts the power cables used only in power generation plants and not for power cables used outside it whether it is for transmission or repair & maintenance outside the plant. A number of companies are getting exemption certificate in general and not specific so if the intention of the legislature to give exemption in general why they put embargo of special use. It appears that power cables used elsewhere power plant are liable to central excise duty unless there is specific mention in the certificate that these power cables shall be used within the power generation plant. Please reconsider my query in the above aspects.Thanks and regard.
