Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Law/2018-2019/3464

Whether Automatic Taps, Urinals and WC Flushing Systems would be classified under heading 9032 or Heading 8481 of Central Excise tariff?
Case:AOS SYSTEMS VersusCOMMISSIONER OF CENTRAL EXCISE, DELHI
Citation:2018 (13) G.S.T.L. 167 (Tri. - Del.)
Issue:Whether Automatic Taps, Urinals and WC Flushing Systems would be classified under heading 9032 or Heading 8481 of Central Excise tariff?
Brief facts: The appeal is against the Order-in-Appeal No. 24/2016, dated 27-3-2017. The appellant is engaged in the manufacture of Automatic Taps, Urinals and WC Flushing Systems. All three products are hand free plumbing products, which are normally used in public toilets. In the case of Automatic Tap, when the hands of the user break the infrared beams, the device is activated and the flow of water commences. In the case of Automatic Urinal and WC Flushing Systems, the system gets activated when the person moves away and flushing happens. The appellant classified the products under CETH 8543 90, since they commenced manufacture in 1998. In the budget of 2014, a concessional rate of duty of 10 per cent was prescribed for the goods falling under Chapter 84 and 85. This exemption notification remained in force from 17-2-2014 of 31-2-2014. The Department was of the view that the appellant had wrongly classified the product under 8543 90 and cleared the same by paying duty at the rate of 10 per cent. The Original Authority vide his order dated 31-12-2015 ordered classification of all the three products under CETH 9032 89 10 and held them as liable to duty at 12 per cent as against the concessional rate of 10 per cent. However, the Commissioner (Appeals), in the impugned order, ordered classification of the Automatic Taps under CETH 8481 and the other two products under CETH 9032. Aggrieved by the impugned order the present appeal has been filed, in which the appellant has claimed the classification of all the products under CETH 8481.
 
Appellant’s contention:Applicant submits that the there is no material difference between the three products for the purpose of classification. He cited the ruling of US Customs to justify the classification of all the products under 8481.
 
Respondent’s Contention:The Ld. DR on the other hand, justified the impugned order. He referred to the leaflet of the products manufactured by the appellant and argued that the classification ordered by the Commissioner (Appeals) is correct.

Reasoning of Judgement: We have heard both sides and perused the records. The three products manufactured by the appellant are:-
(i)    The Automatic Water Tap :-
This is a water tap in which a sensor is located which controls flow automatically, once a hand is placed or removed near the tap.
(ii)   Automatic Flushing System for urinal;
(iii)  Automatic Flushing System for WC.
In respect of the items at (ii), (iii) the appellant manufactures only the electronic device which is operated through batteries and mounted on the water lines and placed on the wall. After someone uses the urinal/WC and moves away, the sensor in the system operates the flow of water and cleans urinal/WC. It is to be noted that the electronic device manufactured by the appellant does not come fitted on any WC or Urinal. The competing CETH, 8481 as well as 9032 are copied below for ready reference.
8481 Taps cocks, valves and similar appliances for pips, boiler shells, tanks, vas or the like, including pressure - reducing valves and thermostatically controlled valves.
8481 10 00 Pressure - reducing valves
8481 20 00 Valves for oleo hydraulic or pneumatic transmission
8481 30 00 Check non-return valves
8481 40 00 Safety or relief valves
8481 80 Other appliances
8481 80 10 Taps, cooks and similar appliances of iron or steel
8481 80 20 Taps, cooks and similar appliances of non-ferrous, metal
8481 80 30 Industrial valves (excluding pressure-reducing valves, and thermostatically controlled valves).
  Inner tube valves
8481 80 41 For bicycles
8481 80 49 Other
8481 80 50 Expansion valves and solenoid valves for refrigerating and air-conditioning appliances and machinery
8481 80 90 Other
8481 90 Parts
8481 90 10 Bicycle valves
8481 90 90 Other
 
CETH 9032 :- Automatic regulating or controlling instruments and apparatus.
9032 Automatic regulation or controlling instruments and apparatus
9032 10 Thermostats
9032 10 10 For refrigerating and air-conditioning appliances and machinery
9032 10 90 Other
9032 20 Manos tats
9032 20 10 For refrigerating and air-conditioning appliances and machinery
9032 20 90 Other
  Other instruments and apparatus
9032 81 00 Hydraulic or pneumatic
9032 89 Other
9032 89 10 Electronic automatic regulators
9032 89 90 Other
9032 90 00 Parts and accessories
9033 00 00 Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of chapter 90.
 
 
It is evident from the head note under 8481 that this heading covers various types of Taps, Locks, Valves etc. The Automatic Tap manufactured by the appellant, no doubt incorporates an electronic control device, but functions as a Tap to regulate the flow of liquid. Consequently, the essential character of the products remains the tap and hence, it is rightly classifiable under CETH 8481.
In respect of the Automatic Flushing System for Urinal and WC, it is noted that the appellants manufacture only the electronic device that is fitted to the water supply line so as to flush the device automatically. However, WC/Urinal is not part of the goods manufactured by the appellant. The goods manufactured are in the nature of instruments/apparatus for automatically controlling of the flow of the fluid. Hence, these are most appropriately classifiable under CETH 9032, as ordered in the impugned order.
In the result, the impugned order is upheld and the appeal is dismissed.
 
Decision: Appeal Dismissed
Comment: The analogy of the caseis that it is concluded that the applicant is engaged in manufacture of Automatic Urinals and WC Flushing Systems would be classified  under the heading 9032 of central  excise Tariff and Automatic Water Tap would be classified under the Heading 8481 of Central Excise Tariff.
Prepared By: Pushpa Choudhary
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com