TMI Blog2015 (10) TMI 1527X X X X Extracts X X X X X X X X Extracts X X X X ..... p, under Notification 104/09 is for purpose of upgradation of technology and also it is sector specific What is imported by appellants are accessories of Steam Turbine Generator used in generation of steam which in turn used for generating electricity whereas SHIS is applicable only for import of capital goods for Basic Chemical Industry Import of accessories for Steam Turbine Generator cannot be considered as upgradation of technology of capital goods of chemical industry Therefore, appellants are not eligible for benefit of SHIS scrip under Notf no 104/09 Impugned order upheld Decided against Appellant. - Appeal No. C/40822/2014 - Final Order No.40667/2015 - Dated:- 12-6-2015 - Shri R. Periasami, Technical Member and Shri P.K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. Since generation of electricity is essential steam and the turbine is used for generation of steam which in turn used for generation of electricity and the electricity so generated is consumed in their factory. Therefore, the accessories of steam turbine are covered under the definition of capital goods. 3. On the other hand, Ld. AR submits that objective of the scheme as per para 3.16.1 is to promote investment in upgradation of technology to a specified sector as listed in para 3.16.4 of FTP Policy. Import of capital goods under SHIS scheme is sector specific and on actual user condition. By going by object of the scheme specified under para 3.16.3 and 3.16.4 the imported goods is not related to chemical industry. As per para 3.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year. 3.16.3 The Status Holder Incentive Scrip shall be with Actual User Condition and shall be used for imports of capital goods (as defined in FTP) relating to the sectors specified in Para 3.16.4 below. 3.16.4 The status Holders of the following Sectors shall be eligible for this Status Holders Incentive scrip: 1. Leather Sector (excluding finished leather) 2. Textiles and jute sector; 3. Handicrafts 4. Engineering Sector (excluding Iron Steel, Nonferrous Metals in primary or intermediate forms, Automobiles two wheelers, nuclear reactors parts and Ships, Boats and Floating Structures : 5. Plastics ; and 6. Basic chemicals (excluding pharma products) 5. It is evident from the above FTP ..... X X X X Extracts X X X X X X X X Extracts X X X X
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