Page 137 - ELT_15th August 2020_Vol 373_Part 4

2020 ] MANALI PETROCHEMICAL LIMITED v. ADDITIONAL DGFT, NEW DELHI 471

‘CHAPTER-8
DEEMED EXPORTS
……..
Categories of Supply 8.2 …………
………
………
………
………
(f) Supply of goods to any project or purpose in respect of which
the MoF, by a notification, permits import of such goods at zero
customs duty;
………
‘(h) ....
(i) Supply to projects funded by UN agencies; and
(j) Supply of goods to nuclear power projects through competitive
bidding as opposed to ICB.
Benefits to the Supplier 8.4.1 ………
………
………
8.4.4 (i) In respect of supplies made under paragraphs 8.2(d), (f)
and (g) of FTP, supplier shall be entitled to benefits listed in para-
graphs 8.3(a), (b) and (c), whichever is applicable.
(ii) In respect of supplies mentioned in paragraph 8.2(d), supplies
to projects funded by such agencies alone, as may be notified by
DEA, MoF, shall be eligible for deemed export benefits. A list of
such agencies/funds is given in Appendix 13 of HBP v1.
(iii) Benefits of deemed exports under para 8.2(f) of FTP shall be
applicable in respect of items, import of which is allowed by DoR at
zero customs duty subject to fulfillment of conditions specified un-
der Notification No. 21/2002-Customs, dated 1-3-2002, as amended
from time to time.’
3. The policy makes it clear that in cases of supply pursuant to interna-
tional competitive bidding, relating to a project or purpose in respect of which
the Ministry of Finance by Notification has permitted import of such goods, levy
of Customs duty shall be at zero rate. The petitioner has placed on record a certif-
icate issued by the Project Authority i.e. the Oil and Natural Gas Corporation
Limited, which certifies as follows :
‘It is certified :-
That supply of goods required in connection with petroleum operations
undertaken under petroleum exploration licences or mining leases under
international competitive bidding is made in accordance with the provi-
sions of paragraph 8.2(f) and 8.4.4(iii) of the policy and the import content
of the order Rs. NIL.
PARTICULARS OF SUPPLIES TO BE MADE-FOR ELIGIBLE PEL/ML
AREA.

EXCISE LAW TIMES  15th August 2020  137