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Sree Rayalaseema Hi-Strength Hypo Ltd. Versus Commissioner of Customs (Exports) , Chennai

2015 (10) TMI 1527 - CESTAT CHENNAI

Benefit of Status Holders Incentive Scrip scheme - Appellants imported goods under Status Holders Incentive Scrip scheme and claimed benefit of Notification No.104/09 – Adjudicating authority and commissioner denied benefit of notification as goods were not covered under SHIS scheme as goods are not related to chemical industry and is only for generation of electricity – Held that:- evident that SHIS Scrip is issued to manufacturer of specific sector for import of capital goods for upgradation o .....

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adation 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. Choudhary, Judicial Member, JJ. For the Petitioner : Shri Hari Radhakrishnan, Advocate For the Respondent : Shri M.Rammohan Rao, DC (AR) ORDER Per R. Periasami The appellant .....

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e goods are not related to chemical industry and it is only for generation of electricity. The Commissioner (Appeals) has upheld the impugned order and rejected their appeal. Hence the present appeal. 2. Ld. Advocate on behalf of the appellant submits that the goods imported are accessories of steam turbine generator. He submits that import of parts and accessories are covered under SHIS scheme. The definition of capital goods, Explanation to the notification is inclusive definition and the defi .....

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n 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 3.16.4 import of capital goods are permissible u .....

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issions of both sides, we find that the short issue in this case relates to whether benefit of SHIS scheme is eligible in respect of various accessories imported by the appellants for 10 MW Steam Turbine Generator Set. It is relevant to reproduce para 3.16 of the notification as under :- "3.16 Status Holders Incentive Scrip 3.16.1 With an objective to promote investment in upgradation of technology of some specified sectors as listed in para 3.16.4 below, Status Holders shall be entitled to .....

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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 react .....

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