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Project Imports Under Heading 98.01: Procedure, the 2023 Solar Exclusion and the 2025 Jaipur Metro Entry

Heading 98.01 assessment is available only to goods imported against one or more specific contracts registered with the appropriate Custom House before the proper officer permits...

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Customs
Published
August 26, 2026
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Aug 26, 2026
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Last updated: August 2026Verified against: Government sources

Heading 98.01 of the First Schedule to the Customs Tariff Act, 1975 lets the goods of a project be assessed together, and the Project Imports Regulations, 1986 decide which projects qualify and how the contract is registered. The regulations have been changed twice since 2022: solar power plants and projects were taken out of "any other plant and project" from 2 February 2023, and Jaipur Metro projects were added to the metro list from 29 November 2025. This guide sets out the procedure and both changes. For help with the importer's contract file, see our compliance documentation service.

The position stated here is as amended up to Notification No. 49/2025-Customs dated 28 November 2025. Later notifications should be checked; no official consolidated text exists, and the CBIC regulations list still shows the text of 19 October 2022.

Which goods and which projects

Regulation 2 applies the regulations to the assessment and clearance of goods under heading 98.01. Regulation 3 defines the terms. An "industrial plant" is an industrial system designed to be employed directly in a process or series of processes necessary for manufacture, production or extraction of a commodity. It does not include establishments designed to offer services such as hotels, hospitals, photographic studios, laundries, garages and workshops, nor a single machine or a composite machine within Notes 3 and 4 to Section XVI. The Explanation says video and cinematographic units and sound studios are not treated as service establishments for this purpose. "Substantial expansion" means an expansion which will increase the existing installed capacity by not less than 25 per cent. The full discussion is in Regulations 1 to 4.

The sponsoring authority table

Each project type in the Table annexed to the regulations has its own sponsoring authority. The table, in summary:

Sr. No.Project typeSponsoring authority
1All plants and projects under SSI unitsDirector of Industries of the concerned State
2All power plants and transmission projects, other than solar power plants or solar power projects (listed bodies such as NTPC, NHPC, Power Grid)The listed corporations or boards
3Power plants and transmission projects, other than solar and other than Sr. No. 2Secretary to the State Government or Union Territory dealing with power or electricity
3A, 3CDrinking water supply; water supply projectsCollector, District Magistrate or Deputy Commissioner of the district
3BAerial passenger ropeway projectJoint Secretary, Ministry of Tourism, or the State tourism Secretary
3DPipeline projects for crude oil, petroleum products or natural gasMinistry of Petroleum and Natural Gas
3F, 3FFMetro rail or monorail projects (3FF lists named metro rail projects)State Government (3F); named corporations (3FF)
3FFFHigh speed rail projectsNational High Speed Rail Corporation Limited
3G, 3H, 3-IFood-grain handling, cold storage and food processing, green housesMinistry of Agriculture or Ministry of Food Processing Industries as printed
4Any other plant and project, other than solar power plant or solar power projectConcerned Administrative Ministry or Department

The complete table with each named authority is in the eligible projects and sponsoring authorities table.

The two recent changes

2023: solar projects out of Sr. No. 4. Notification No. 07/2023-Customs dated 1 February 2023, in force from 2 February 2023, substituted in Sr. No. 4 the words "Any other Plant and Project, other than solar power plant or solar power project". The same exclusion already appeared in Sr. Nos. 2 and 3 from 20 October 2022 (Notification No. 54/2022-Customs). On the printed Table, therefore, a solar power plant or solar power project has no sponsoring-authority entry under Sr. Nos. 2, 3 or 4. Check the tariff and notifications in force before treating any solar project as a project import.

2025: Jaipur Metro. Notification No. 49/2025-Customs dated 28 November 2025, in force from 29 November 2025, inserted item (xiv) "Jaipur Metro Projects" in Sr. No. 3FF, with the Managing Director or Director (Project) of Rajasthan Metro Rail Corporation Limited (RMRCL) as sponsoring authority. It follows the Bhopal and Indore entries (items (xii) and (xiii)), which have the Madhya Pradesh Metro Rail Corporation Limited as authority.

Step by step

StepWhat the regulation says
1. Obtain the licence or sponsor clearanceApply for registration as soon as may be after the import trade control licence, wherever required, is obtained; for Open General Licence imports and Government Agency imports, as soon as clearance from the concerned sponsoring authority is obtained (regulation 5(2))
2. Apply in writingTo the proper officer at the port of import or where duty is paid; the application states plant location, articles to be produced, installed or designed capacity and the proposed addition for an expansion, and other particulars the officer needs (regulation 5(1) and (3))
3. Attach documentsOriginal deed of contract with a true copy, the licence where required, the approved list of items from the sponsoring authority and other documents required (regulation 5(4) and (5))
4. RegistrationThe proper officer registers the contract in a book, assigns a number and returns documents no longer required (regulation 5(6))
5. AmendmentsRegister any amendment to the contract, before or after registration (regulation 6)
6. Clear the goodsRegistration must come before the order permitting clearance for home consumption (regulation 4)
7. FinaliseStatement with proof of value and quantity within three months of clearance of the last consignment, or an extended period allowed (regulation 7)

Regulations 5 to 7 are explained in more detail in Regulations 5 to 7. Where duty is assessed on a provisional basis while documents are pending, see Section 18: Provisional Assessment.

Common mistakes

  • Registering the contract after clearance has been ordered; regulation 4 requires registration before the order.
  • Describing a duty rate or a bond requirement as part of these regulations; they print neither.
  • Applying without the sponsoring authority's approved list of items.
  • Treating a solar power project as eligible under Sr. No. 2, 3 or 4 without checking the current notifications.
  • Missing the three-month statement after the last consignment, or forgetting to apply for an extension.
  • Not registering an amendment to the contract.

Need help with a project import contract?

A registration file needs a clean contract, the sponsor's list and a consistent description of the plant. We can review the papers and prepare the finalisation statement through our compliance documentation service.

Key takeaways

  • Heading 98.01 treatment needs a contract registered before clearance (regulation 4).
  • The Table fixes the sponsoring authority for each project type.
  • Solar power plants and projects are excluded from Sr. Nos. 2, 3 and 4 (2022 and 2023 changes).
  • Jaipur Metro Projects are item (xiv) of Sr. No. 3FF from 29 November 2025.
  • Finalise within three months of the last clearance unless extended.

Read next

Disclaimer: Based on the Project Imports Regulations, 1986 as printed by CBIC (text of 19 October 2022) with Notification Nos. 07/2023-Customs and 49/2025-Customs applied. Later amendments should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Project Imports

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What is a project import?

Goods imported against registered contracts and assessed under heading 98.01 of the First Schedule to the Customs Tariff Act, 1975, under the Project Imports Regulations, 1986.

When must the contract be registered?

Before the proper officer permits clearance for home consumption (regulation 4). For exhibition and similar goods cleared without duty for re-export, before the date of payment of duty.

Incoterms decide who bears the risk; do not leave them to the freight forwarder.

— TaxClue Trade & FEMA Desk

Project Imports: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Goods imported against registered contracts and assessed under heading 98.01 of the First Schedule to the Customs Tariff Act, 1975, under the Project Imports Regulations, 1986.

Before the proper officer permits clearance for home consumption (regulation 4). For exhibition and similar goods cleared without duty for re-export, before the date of payment of duty.

The Table as amended excludes solar power plants and solar power projects from Sr. Nos. 2, 3 and 4.

The Managing Director or Director (Project), Rajasthan Metro Rail Corporation Limited, under Sr. No. 3FF item (xiv), from 29 November 2025.

Three months from clearance of the last consignment for home consumption, or any extended period the proper officer allows (regulation 7).

An expansion that increases the existing installed capacity by not less than 25 per cent (regulation 3(c)).