ABB LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE, VISAKHAPATNAM

JUDGEMENT

(1.) THESE are two stay applications filed by the applicants against the common impugned order passed by the Commissioner of Customs and Central Excise, Visakhapatnam.

(2.) BY the impugned order, duty has been demanded to the extent of Rs. 7,21,08,691/ - on the appellants, M/s. ABB Ltd. and equivalent penalty under Section 11AC of the Central Excise Act, 1944. Further a penalty of Rs. 2 lakhs has been imposed on the appellants, M/s. GVK Industries under Rule 209A. Through these stay applications, they are seeking waiver of pre -deposit and stay of the recovery proceedings.

(3.) SHRI G. Shivadass, learned Advocate appearing for the appellants, M/s. ABB Ltd. submitted that the appellants entered into a contract with M/s. GVK Industries Ltd. for erection and commissioning of power plant at Jegurupadu. One of the components of the power project is Heat Recovery Steam Generator (HRSG) which is a boiler that uses the waste gas of gas turbine, M/s. GVK Industries imported HRSG for erection at its site by classifying the said items under Heading 9801 of the Customs Tariff Act, as project imports.