Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Law/2019-2020/3590

Whether Butyl rubber inner tubes will be classified as accessories? Whether its valuation should be taken under Section 4A ibid based on the MRP rates?
T.M. Tyres Limited vs Commissioner of Central Excise, Customs & Service Tax, Hyderabad-I FINAL ORDER No. A/30575/2020
Brief Facts:-The appellant  is engaged in manufacture of Butyl rubber inner tubes, classifiable as excisable goods, under Central Excise Tariff Act, 1985. The appellant discharges central excise duty liability on the assessable value determined, under Section 4 of the Central Excise Act, 1944. The Central Government vide Notification No. 2/2006-CE(NT), dated 01.03.2006 has notified certain goods, as the goods to which the provisions of Section 4A ibid shall apply. The said Notification was amended vide Notification No. 11/2006-CE(NT), dated 29.05.2006 in inserting “Parts, components and assemblies of automobiles” in order to fall under the provisions of Section 4A ibid. Based on the said notification, the department initiated show cause proceedings against the appellants to deposit the Central Excise Duty under Section 4A ibid based on the MRP rates. The adjudicating authority confirmed the demand. Aggrieved by the order the appellant filed appeal before Commissioner appeal wherein the Commissioner (Appeals) of Central Excise has confirmed the demand of differential central excise duty under section 11A of the Act along with interest and also imposed penalty under Rule 25(1) of the Central Excise Rules, 2002.
Issue:-Whether Butyl rubber inner tubes will be classified as accessories? Whether its valuation should be taken under Section 4A ibid based on the MRP rates?
Appellant’s Contention:-The appellant submits that the issue arising out of the present dispute is no more res integra in view of the Final Order passed by this Tribunal in the case of Agarwal Rubber Limited. He also relied upon the decision of this Tribunal in the case of J.K. Tyre & Industries Limited vs. Commissioner of Central Excise, Indore as reported in [2018(2)TMI 611-CESTAT, New Delhi], to state that no differential duty liability can be fastened on to the appellants in terms of Section 4A of Central Excise Act, 1944.
Respondent’s Contention and Reasoning of Judgment:-The Hon’ble Tribunal heard both sides and examined the records and found that the Notification No. 2/2006-CE(NT), dated 01.03.2006 was amended by Notification No. 11/2006-CE(NT), dated 29.05.2006, by inserting a new entry at S.No. 97 -“parts, components and assemblies of automobiles”. It is an admitted fact on record that the appellant is engaged in the manufacture of Butyl rubber inner tubes and such product by itself is separately identifiable and is a distinct Marketable Product. It cannot be said that the product manufactured by the appellant is exclusively meant for the automobile industries for use as parts and components and are not capable for use in other purposes. Since the goods manufactured by the appellant are meant for use by other manufacturers also, The Hon’ble Tribunal also finds that in their opinion, such manufactured goods cannot be subjected to levy of central excise duty under Section 4A of the Central Excise Act, 1944. The Tribunal further find that the issue arising out of the present dispute is no more open for any debate in view of the decisions relied upon by the appellant. The Tribunal in the case of J.K. Tyre Industries Limited (supra), by placing reliance on the judgment of Hon’ble Supreme Court in the case of G.S. Auto International Limited vs. CCE Chandigarh, as reported in [2003(152)ELT 3 (S.C.)] and CCE Vs. Wockhardt Life Sciences Limited as reported in [2012(277)E.L.T. 299 (S.C.)] has held that the common parlance theory should be applied in order to ascertain whether the particular commodity is falling under specific entry either under the tariff or any notification issued by the Central Government. The relevant paragraph in the said order is extracted herein below:
“3. We note that the Original Authority vide his order dated 10/09/2009 has given a very cryptic finding to the effect that in terms of decision of Hon’ble Supreme Court in the case of G.S. Auto International Ltd. vs. CCE, Chandigarh reported in 2003 (152) E.L.T. 3 (S.C.), the classification of goods is to be determined by commercial identity test and not by functional test. Accordingly, he held that tyres, tubes and flaps have “the identity with automobiles and prove themselves to be part of automobile”. We have perused the said decision of the Apex court. The said decision dealt with various types of automobile parts having fastening function. The Apex court examined the general use parts and the scope of classification of these items. It is categorically held that for classification, the test of commercial identity and not the functional test should be applied. It needs to 3 EX/3069 of 2010 be ascertained as to how the goods, in question, are referred to in the market by those who deal with them, be it for the purposes of selling, purchasing or otherwise. Similarly, in CCE vs. Wockhardt Life Sciences Ltd. reported in 2012 (277) E.L.T. 299 (S.C.), the Hon’ble Supreme Court reported that whether a particular article will fall within a particular tariff heading or not has to be decided on the basis of tenable, material or evidence to determine how such article is understood in “common parlance” or in “commercial world” or in “trade circle” or “in its popular sense meaning”. Similar views have been expressed by the Apex court in CCE, New Delhi vs. Connaught Plaza Restaurant (P) Ltd. reported in 2012 (286) E.L.T. 321 (S.C.) and Commissioner of Trade Tax, U.P. vs. Kartos International reported in 2011 (286) E.L.T. 289 (S.C.) dealing with a sales tax matter the Hon’ble Supreme Court in United Copiex (India) Pvt. Ltd. vs. Commissioner of Sales Tax reported in 1997 (94) E.L.T. 28 (S.C.) held that rubber flaps cannot be classified as accessories of motor vehicles. The court also refer to Central Excise Tariff Act and mentioned that flaps are taxable under Tariff Heading 4012”.
Decision:- In view of the above, The Hon’ble Tribunal finds substance in the submissions of the appellant that the duty liability cannot be fastened on it under Section 4A of the Act. Accordingly, after setting aside the impugned order, The Tribunal allowed the appeal in favour of the appellant.

Comments:- The Tribunal decided the matter on the basis of the Apex court decision wherein it is mentioned that it is categorically held that for classification, the test of commercial identity and not the functional test should be applied. It needs to be ascertained as to how the goods, in question, are referred to in the market by those who deal with them, be it for the purposes of selling, purchasing or otherwise. the Hon’ble Supreme Court further reported that whether a particular article will fall within a particular tariff heading or not has to be decided on the basis of tenable, material or evidence to determine how such article is understood in “common parlance” or in “commercial world” or in “trade circle” or “in its popular sense meaning”. Hence, the The Hon’ble Tribunal has rightly decided the matter in the favour of the appellant.
 
 
 Prepared by- Bharat Rathore
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