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2022 (3) TMI 576 - AAAR - GSTClassification of goods - Jack Fruit Chips and Banana Chips (salted and masala varieties) made out of raw as well as ripe banana and sold without BRAND NAME - classifiable as NAMKEENS and are covered by HSN Code 2106.90.99 and taxable under Entry 101 A of Schedule of Central Tax (Rate) Notification 1 of 2017 or not - Sharkaraivaratty sold without BRAND NAME is classifiable as SWEET MEATS - covered by HSN Code 2106.90.99 and taxable under Entry 101A of Schedule of Central Tax (Rate) Notification L of 2017 or otherwise? - Roasted and salted / salted / roasted preparations such as of Ground-nuts, Cashew nut and other seeds are NAMKEENS and when sold without a brand name - classified under HSN 2106.90.99 and taxed under Entry 101 A of Schedule of Central Tax (Rate) Notification 1 of 2017 or not - salted and masala chips of Potato and Tapioca are classifiable as Namkeens and when sold without a brand name - classified under HSN 2106.90.99 and taxed under Entry 101 A of Schedule I of Central Tax (Rate) Notification 1 of 2017 or not. Roasted/salted/roasted and salted ground nuts, cashew nuts and other seeds/nuts - HELD THAT - It is noticed that as per chapter note 1(a) to chapter 20, the chapter does not cover vegetables, fruits or nuts prepared or preserved by the processes specified in chapter 7, 8 or 11. It means that these items not being processed or preserved by the said processes shall be covered in chapter 20. The processes specified in chapter, 7, 8 or 11 are freeing, steaming, boiling, drying, provisionally preserving and milling. Chapter heading 2008 covers roasted, salted or roasted nuts and fruits such as ground nuts, cashew nuts. other seeds and nuts and these are specifically covered under said heading vide sl. No. 40 of schedule II to notification No. 1/2017-CT (rate) - there remains no doubt that the roasted/salted/roasted and salted ground nuts, cashew nuts and other seeds/nuts shall be appropriately classifiable under heading 2008 of customs tariff. Even otherwise also, heading 2106.90 being a residuary heading shall not stand against a specific heading 2008 as per Rules of interpretation of the tariff. Banana chips, tapioca chips, potato chips, jackfruit chips and sharkara varatty - HELD THAT - The manufacturing process applied by the appellant in making these items is not in dispute. These chips are made by slicing, frying, adding salt or masala or jaggery syrup before packing and supply. It is not the case of the appellant that the essential characteristics of the fruits or vegetables are getting changed by applying the processes. As far as the essential nature of the products remains unchanged, the edible parts of plants are appropriately classifiable under heading 2008. In this case, the raw banana or potato or jackfruit or tapioca even after going through the process of frying and salting remain as vegetables and fruits only. The process of frying in oil and roasting are cooking methods wherein high temperature is used for processing of the edible parts of the fruit or vegetables as in this case - When according to chapter notes and description of tariff items, the products are classifiable under specific headings of Chapter 20, they cannot be classified under Heading 2105 as food preparations not elsewhere specified or included or under Chapter claimed by the appellant. Application of rule 2(a) of the general rule of interpretation of the import tariff by the learned authority for advance ruling - HELD THAT - By applying the rules for interpretation of the tariff, specially rule 1, 2 and 3 of the same, it is evident that the impugned goods are appropriately classifiable under heading 2008 and not under heading 2106. Rule 2(a) provides that any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance, according to which the chips of jackfruit, potato, banana or tapioca gets also appropriately classifiable under. heading 2008 along with specifically covered goods viz. Roasted and salted nuts under examination (which is covered by Rule 3(a) of the said rules for interpretation). Further, chapter 21 covers Miscellaneous edible preparations, whereas chapter 20 specifically covers Preparations of vegetables, fruits, nuts or other parts of plants - when there is a specific entry providing for the most specific description in the heading 2008 to the impugned products over the residuary heading description of heading 2106.90, the said impugned goods is held appropriately classifiable under heading 2008, by virtue of rule 3(a) of the rules for interpretation. In view of clear provisions in GST laws f r interpretation of tariff, the contention of the appellant regarding common parlance understanding of a goods does not hold water, as is therefore rejected. All the products that fall under Chapter Heading 2008 of the Customs Tariff Act, 1975 attract GST at the rate of 12 %.
Issues Involved:
1. Classification and tax rate of Jackfruit Chips, Banana Chips, Tapioca Chips, Potato Chips, Chembu Chips, Pavakka Chips, and roasted/salted preparations of Groundnuts, Cashew nuts, and other seeds. Detailed Analysis: Issue 1: Classification of Banana Chips and Jackfruit Chips - Appellant's Argument: The appellant contends that Banana Chips and Jackfruit Chips (salted and masala varieties) sold without a brand name should be classified as "Namkeens" under HSN Code 2106.90.99 and taxed at 5% under Entry 101A of Schedule I of Notification No. 1 of 2017. - Authority's Finding: The authority held that Banana Chips and Jackfruit Chips are classifiable under Customs Tariff Heading 2008.19.40, which covers "Fruits, nuts, and other edible parts of plants, otherwise prepared or preserved." These items are liable to GST at the rate of 12% as per Entry 40 of Schedule II of Notification No. 1/2017-CT(R). Issue 2: Classification of Sharkaraivaratty - Appellant's Argument: The appellant argues that Sharkaraivaratty should be classified as "Sweetmeats" under HSN Code 2106.90.99 and taxed at 5% under Entry 101A of Schedule I of Notification No. 1 of 2017. - Authority's Finding: The authority determined that Sharkaraivaratty is classifiable under Customs Tariff Heading 2008.19.40 and is liable to GST at the rate of 12% as per Entry 40 of Schedule II of Notification No. 1/2017-CT(R). Issue 3: Classification of Roasted and Salted Preparations of Groundnuts, Cashew Nuts, and Other Seeds - Appellant's Argument: The appellant claims that these roasted and salted preparations should be classified as "Namkeens" under HSN Code 2106.90.99 and taxed at 5% under Entry 101A of Schedule I of Notification No. 1 of 2017. - Authority's Finding: The authority held that roasted/salted/roasted and salted Cashew nuts are classifiable under Customs Tariff Heading 2008.19.10, and roasted/salted/roasted and salted Groundnuts and other nuts are classifiable under Customs Tariff Heading 2008.19.20. These items are liable to GST at the rate of 12% as per Entry 40 of Schedule II of Notification No. 1/2017-CT(R). Issue 4: Classification of Salted and Masala Chips of Potato and Tapioca - Appellant's Argument: The appellant argues that these chips should be classified as "Namkeens" under HSN Code 2106.90.99 and taxed at 5% under Entry 101A of Schedule I of Notification No. 1 of 2017. - Authority's Finding: The authority determined that salted and masala chips of Potato and Tapioca are classifiable under Customs Tariff Heading 2008.19.40 and are liable to GST at the rate of 12% as per Entry 40 of Schedule II of Notification No. 1/2017-CT(R). Conclusion: The appellate authority upheld the Advance Ruling No. KER/112/2021 dated 26/05/2021 with the following modifications: - Banana Chips and Jackfruit Chips: Classified under Customs Tariff Heading 2008.19.40, liable to GST at 12%. - Sharkaraivaratty: Classified under Customs Tariff Heading 2008.19.40, liable to GST at 12%. - Roasted and Salted Preparations of Groundnuts, Cashew Nuts, and Other Seeds: Classified under Customs Tariff Headings 2008.19.10 and 2008.19.20, liable to GST at 12%. - Salted and Masala Chips of Potato and Tapioca: Classified under Customs Tariff Heading 2008.19.40, liable to GST at 12%. The appeal filed by the appellant was consequently rejected.
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