2019 (10) TMI 669 - AAR - GST

Classification of services - filters manufactured solely and principally for use by/in Indian Railways and supplied directly to Indian Railways - whether classifiable under HSN Heading 8421 or under HSN Heading 8607 of the Customs Tariff? - classification of goods - filter alter if identical goods are supplied to a distributor instead of Indian railways directly, and the distributor in turn effects supply to Indian railways. HELD THAT - Rail/ tramway locomotives and rolling stock are classifiable under Heading 8601 to 8603. The filters in the instant case are identifiable with the goods of the Chapter as contended by the applicant. Therefore plain reading of Section Note 2, as narrated above, indicates that filters appearing in heading 8421 cannot be considered as covered under Heading 8609 - Since filters are covered under Heading 8421 and these are not covered under the above exceptions, the same are not liable to be covered under Parts of Railway or Tramway locomotives or rolling stock. The items supplied by the applicant to Railways are Air filters for Electric locomotives, Air filters for Diesel locomotives, Car body filter and Lube oil and Fuel filter. The Air filters for internal combustion engines are specifically classified under heading 84213100, Oil filters under 84212300 and Air filters for electric locomotives under 84213990. Applying the rules of interpretation under Note 2 all these items, because they find specific heading under which they are placed by name, will continue to be classified under the same heading even if they are designed for specific or sole use in some machine. They would not liable to be classified under the heading of the machine. The goods made specifically for railways were covered under Headings 8312, 7308, 7613, 7611, 8409 and 3926. All these headings are not hit by the provisions of Note 2. Note 2 applies the restrictions in respect of items covered by Headings 84.01 to 84.79 only. Further the three conditions, as enumerated in Para 9.11, show that any parts made specifically for railways and not covered under headings 84.01 to 84.79 would invariably be covered by heading 8607. The exclusion is specifically for items under heading 84.01 to 84.79 and the item supplied by the applicant happens to fall under heading 8421. The filters are classifiable under HSN Heading 8421 - The classification of the goods shall not alter on account of supply by distributor to Railways.

Summary

Issues Involved:
1. Classification of filters manufactured for Indian Railways under HSN Heading 8421 or 8607.
2. Whether the classification changes if the filters are supplied to a distributor instead of directly to Indian Railways.

Detailed Analysis:

Issue 1: Classification of Filters

The applicant, a manufacturer of various types of filters, sought an advance ruling on whether filters manufactured solely for Indian Railways should be classified under HSN Heading 8421 or 8607. The filters in question are custom-made as per the specifications provided by Indian Railways and are not generic products. The applicant argued for classification under Heading 8607, citing that the filters are designed solely and principally for use in railway locomotives, making them parts of railway or tramway locomotives or rolling stock.

The applicant referenced Section Note 3 to Section XVII of the Customs Tariff, which states that parts suitable for use solely or principally with the articles of Chapters 86 to 88 should be classified under those chapters. They also cited several judicial precedents supporting the classification of goods based on their principal use.

However, the authority examined Section Note 2 to Section XVII, which excludes certain articles from being classified as parts under Section XVII, including machines and apparatus of headings 8401 to 8479, or parts thereof. Since filters fall under Heading 8421, they are excluded from classification under Heading 8607 by virtue of Section Note 2(e).

The authority also referred to the Explanatory Notes to the Harmonized System, which clarify that parts which constitute an article covered by a heading of Section XVI (including filtering machinery and apparatus of heading 8421) should be classified in their own appropriate heading, even if designed for specific use in another machine.

In light of these provisions, the authority concluded that the filters should be classified under HSN Heading 8421, as they are specifically named and listed under this heading.

Issue 2: Classification When Supplied to a Distributor

The applicant also sought clarification on whether the classification of the filters would change if they were supplied to a distributor, who would then supply them to Indian Railways. The authority ruled that the classification of the goods would not alter on account of supply by a distributor to Railways. The filters would still be classified under HSN Heading 8421, regardless of the intermediary involved in the supply chain.

Ruling:

The filters are classifiable under HSN Heading 8421. The classification of the goods shall not alter on account of supply by a distributor to Railways.