TMI Blog2004 (8) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Advocates with Sajan Narain and Ashim Aggarwal, Advocates, for the Appellant. [Order per : C.N.B. Nair, Member (T)]. The first appellant M/s. Spectrum Power Generation set up a 208 MW power plant with imported equipment near Kakinada in Andhra Pradesh. It awarded an erection contract to the second appellant M/s. Rolls Royce Industrial Power (India) Ltd. in December 1994. Pursuant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention that power plant was not liable to duty since the same was immovable property. However, he turned the demand in another direction and held that even though the power plant itself was not goods, 3 main elements of the power plant namely - (1) Electric Turbo Generating Set (2) Heat Recovery Steam generator (Waste Heat Recovery Boilers) and (3) DCS Control and Instrumentation would be goods an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vying duty on these items also, for the same reason for which he held the power plant to be not excisable. It is being pointed out that one look at the items in question or their layout pictures would have convinced the Commissioner that these items are also not movable and are immovable property. With regard to the electric turbo generating set, it is being pointed out that it consists of gas/ste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is not movable as such, are not goods for attracting central excise duty. During the hearing of the case, learned Counsel for the appellants has pointed out that the non-excisability of turbo generator remains specifically settled by the decision of the Apex Court in the case of Triveni Engineering Industries Ltd. v. C.C.E. - 2000 (120) E.L.T. 273 (S.C.). - - TaxTMI - TMITax - Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
