ORDER
T.K. Jayaraman, Member (T)
1. This application for rectification of mistake has been filed in respect of the Final Order No. 1864/2006 dated 01.11.2006 passed by this bench.
2. The learned Counsel, Shri N. Anand, appeared on behalf of the applicants and pointed out that in the Final Order at page 8, para 6, it is recorded that “For examining the issue, we are reproducing para 8 of Notification No. 52/2003-Cus”. Thereafter, the Tribunal has extracted the sub-para (8) of the Preamble to the Notification, which is the nature of a condition to avail exemption. He submitted that reference to sub-para (8) of the Preamble to the Notification is incorrect, as the said para is actually a condition No. (8) of Notification No. 52/2003-Cus dated 31.03.2002. It is not the actual paragraph 8 of the Notification in question, which reads differently.
3. Heard learned DR.
4. On a careful consideration of the issue, we find that this is an error apparent on the face of the record. Therefore, the following correction has to be made in respect of the Final Order. Instead of the reproduced paragraph in the Final Order, the following paragraph may be substituted.
8. Without prejudice to other provisions of this notification, where the said officer is satisfied that the unit, which has been permitted by the concerned State Electricity Board in this behalf, has been permitted by Development Commissioner to sell into Domestic Tariff Area or transfer to other export oriented undertaking or Software Technology Park (STP) unit or Electronic Hardware Technology Park (EHTP) unit or a unit in a special economic zone, the surplus power generated in its diesel generating sets or captive power plant subject to fulfillment of such conditions as may be specified by the said officer in this behalf, the said officer may allow the unit, –
(i) to sell such surplus power in Domestic Tariff Area on payment of an amount equal to the duty leviable on consumables and raw materials but for the exemption of duty thereon, used for generation of each unit of power so sold in the Domestic Tariff Area on the basis of norms approved by the Board of Approval or Inter Ministerial Standing Committee;
(ii) to transfer such surplus power to other export oriented undertaking or Software Technology Park (STP) unit or Electronic Hardware Technology Park (EHTP) unit or unit in a Special Economic Zone without payment of duty:
Provided that both supplying and receiving unit shall maintain account for the quantity of consumables and raw materials used in generation of each unit of power so transferred as quantified on the basis of norms approved by the Board of Approval or Inter Ministerial Standing Committee, for the purpose of calculation of Net Foreign Exchange Earning.
Thus, the RoM is allowed.
(Operative portion of this Order was pronounced in open court on conclusion of hearing)