964/07/2012-CX, Dated: 02/04/2012
 

Clarification regarding classification of structural components of Boiler and admissibility of CENVAT credit on these structural components
Circular No.964/07/2012-CX
F. No. 84/1/2011-CX-1
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
 
New Delhi, dated 2nd April, 2012
 
To
 
All Chief Commissioners of Central Excise & Customs,
All Chief Commissioners of Central Excise,
All Directors Generals
 
Sir/Madam,
 
Subject: Clarification regarding classification of structural components of Boiler and admissibility of CENVAT credit on these structural components – reg.
 
 
            Reference has been received from Trade seeking clarification regarding classification of structural parts/components of Boiler and admissibility of CENVAT credit on these parts/components to the buyers of the Boilers.  It has been represented that CENVAT credit is being denied to the supporting structural parts of the Boilers at the buyers’ end by classifying the same under Chapter 73 as structural parts and not as a part of Boiler. These are not being covered under the definition of inputs under the CENVAT Credit Rules, 2004, on account of exclusion given in rule 2 (k)(iv)(B)(b). This denial is on the ground that these are used for structures for support of Capital goods, without which the Capital goods can function.
 
2          The matter has been examined in the Board. The Boilers are a combination of various systems such as Coal Handling System, Coal Feeding System, Draft Air System, Demineralization Plant, Boiler Feed Water System, Boiler Tubes, Boiler Drums, Super Heat System, Flue Gases Treatment System and Ash Handling System etc. All these Systems work in tandem to make a modern Boiler. These Systems comprise of many parts including structural components which are essentially the part of Boiler by way of technical specifications. As per Section Note 4 to the Section XVI of the First Schedule to the Central Excise Tariff Act, 1985, “  Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole falls to be classified in the heading appropriate to that function.”
 
3.         Accordingly it is clarified that those structural components which are to be used essentially as a part of Boiler System would be classifiable as parts of Boiler only under Heading 8402 of the Tariff.  It is further clarified that since these structural components are nothing but the parts and accessories of the Boiler, they would be covered by the definition of inputs under Rule 2(k)(iii) of the CENVAT Credit rules, 2004 (i.e. all goods for generation of electricity & steam). Further these structural components shall not be hit by the exclusion clause to the said definition of inputs, as these are not used for laying of foundation or making of structures for support of capital goods, but are essentially the part of said Boilers.
 
4.         Trade, industry and field formations may be suitably informed.
 
5.         Hindi version will follow.           
 
Yours faithfully,
 
(Madan Mohan)
Under Secretary (CX1)

WHY CHOOSE US?

We are team of professionals having vast experience in business setup and post compliances. We have helped hundreds of business in their set up and compliances. We use this knowledge and expertise to help our clients to take their business to the next level with results driven solutions.

OUR VISION

We believe in offering top quality and timely services. “To be a quality service provider, supporting global client base in their accounting, transaction, legal and taxation requirements.”We are a company of promise and possibilities. Each day represents a fresh opportunity to share Our Vision.

OUR MISSION

Our mission is to provide One-Stop solution to our clients for their business, financial and regulatory requirements.
We focus on timely, innovative, proactive and independent assurance, financial and tax services to our client and optimize stakeholders' value.

OUR OBJECTIVE

Our objective is to create and sustain long term relationship with our clients and provide one stop solutions for their requirements.

Our employees ideas and inspiration create opportunities constantly, and without limits.


Services

Taxation

Enhancing a stakeholder value is a fundamental concept, which drives every management effort in the modern business environment. Progressive and bottom – line focused managements have realized that taxes should be viewed as a dynamic item of cost, rather than a passive charge on the profits....

Read More

Advisory Service

Managing Risk to enhance performance to truly manage risk, it is vital to enable the right frameworks. We help enhance your business performance by building strong risk management frameworks into the very core of your business processes. This enables us to minimize...

Read More

Assurance

Our assurance services include Statutory audit, Tax audit and Special audits. We carry out audit of financial statements prepared in accordance with various GAAP's (IGAAP/US GAAP / IFRS / other international GAAP) under applicable auditing standards. Our audit methodology is compliant...

Read More

Admin Login

Employee Login

Get in Touch