ENERCON (INDIA) LIMITED Vs. COMMISSIONER OF CUSTOMS (IMPORT)

JUDGEMENT

(1.) THE applicant Enercon (India) Limited is a company registered under the Indian Companies Act, 1956 having its corporate office at Andheri (West), Mumbai. As per the facts stated in the application, Enercon GmbH of Germany holds majority equity capital of Enercon (India) Limited - the applicant. It has entered into a collaboration agreement with the said German company and has set up a modern plant in the Union territory of Daman as a joint venture for the manufacture of wind operated electricity generators. These facts are borne out by the Joint Venture Agreement and Share -holding Agreement filed by the applicant (vide Annexures C and D to the application).

(2.) THE applicant submits that it intends to set up independent power generation projects of different capacities across India by harnessing wind energy. The applicant also proposes to have a business tie up with an existing company/project by entering into an 'agreement to sell' in order to set up wind -energy based independent power project. The business activities proposed to be undertaken by the applicant are set out in Annexure -II to the application as follows:

(3.) THE following questions for determination were re -framed by the applicant