2019 (4) TMI 176 - AT - Central Excise

Classification of goods - bulletproof special purpose vehicles for army/paramilitary forces - whether these light armoured troops carrier is classifiable under chapter 8705 90 00 or under tariff item 8710 00 00 or not? - benefit of N/N. N/N. 6/03-CE dt.1.3.2003 - Held that - On-going through the certificate issued by VRDE and tender documents placed on record, we find that it show that these documents show that the requirement of Boarder Security Force is for light armoured troop carrier and as per the certificated issued Vehicle Research Development Establishment that the vehicles manufactured by the appellants are special purpose armoured vehicle. Admittedly, the vehicle in question is a special purpose vehicle, therefore, the same have merited classification under tariff heading 8705 90 00. We have also examined HSN Explanatory Notes to chapter 87.10 it excludes cars and lorries of the conventional type, armoured or equipped with subsidiary removable armour which will cover under headings 87.02 to 87.05 as applicable. Therefore, it is clear that 87.10 covers tanks and other armoured fighting vehicles in the HSN. Therefore, light armoured bulletproof vehicles are specifically excluded from classification under tariff heading 87.10. The bulletproof vehicles manufactured by the appellants are light armoured bulletproof vehicles is not disputed. The feature of the bullet proof SPV indicates that these provide protection to the troops sitting inside the vehicles, against bullet/hand grenades. It also had provision for holes on the roof and the sides, through which the troops inside the vehicle can retaliate. Thus, primary purpose of the said vehicle was patrolling, surveillance and security of the forces inside the vehicle while being stationed at the battlefield. Therefore, the SPVs are designed and manufactured for special purpose and use. These are not principally designed for the transport of passengers or goods and hence, are not excluded from the purview of heading 8705. The main purpose is to ensure the safety of the occupants inside the vehicle for which, the vehicle is made bulletproof. Therefore, the bulletproof SPVs deserve to be classified under chapter heading 8705 - As the goods are classifiable under chapter heading 8705 90 00. Therefore, the appellants are entitled for the benefit under Serial No.50 of exemption N/N. 6/03-CE dt.1.3.2003. Appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
1. Classification of Bulletproof Special Purpose Vehicles (SPVs) under the Central Excise Tariff Act (CETA).
2. Applicability of Rule 10A of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000.
3. Entitlement to exemption under Serial No. 50 of Notification No. 6/06-CE dated 1.3.2006.
4. Correctness of demand quantification and applicability of extended period of limitation.
5. Imposition of penalties on the appellants.

Issue-wise Detailed Analysis:

1. Classification of Bulletproof Special Purpose Vehicles (SPVs) under CETA:
The core issue was whether the bulletproof SPVs should be classified under tariff item 8705 90 00 or 8710 00 00 of CETA. The appellant argued that the SPVs are designed for special purposes such as patrolling, surveillance, and security, and not for transporting persons or goods. They provided VRDE certificates and tender documents to substantiate their claim. The tribunal agreed, referencing the HSN Explanatory Notes to chapter heading 8705, which states that vehicles under this heading are not primarily for transporting persons or goods. The tribunal concluded that the bulletproof SPVs should be classified under tariff item 8705 90 00, as they are special purpose vehicles designed for defense and policing services.

2. Applicability of Rule 10A of the Central Excise Valuation Rules, 2000:
The appellant contended that Rule 10A, which applies to job work situations, was not applicable as they independently procured materials and manufactured the vehicle bodies. The tribunal agreed, noting that the appellant's contribution to the raw materials was significant, and the activity was not merely job work. Therefore, the valuation should be in terms of Section 4 of the Central Excise Act read with Rule 6 of the Valuation Rules, not Rule 10A.

3. Entitlement to Exemption under Serial No. 50 of Notification No. 6/06-CE:
Since the tribunal classified the vehicles under tariff item 8705 90 00, the appellants were entitled to the exemption under Serial No. 50 of Notification No. 6/06-CE dated 1.3.2006. This exemption was applicable to special purpose vehicles classified under heading 8705.

4. Correctness of Demand Quantification and Applicability of Extended Period of Limitation:
The appellant argued that the demand quantification was incorrect and that they were entitled to cum-tax benefits. They also contended that the extended period of limitation could not be invoked. Given the tribunal's decision on the classification and exemption, the demands were set aside, rendering these issues moot.

5. Imposition of Penalties:
With the tribunal setting aside the demands and holding that the vehicles were correctly classified under tariff item 8705 90 00, there was no basis for imposing penalties on the appellants. Consequently, all penalties were also set aside.

Conclusion:
The tribunal concluded that the bulletproof SPVs are classifiable under tariff item 8705 90 00 and are entitled to the exemption under Serial No. 50 of Notification No. 6/06-CE. Rule 10A of the Valuation Rules was deemed inapplicable, and all demands and penalties against the appellants were set aside. The appeals were allowed with consequential relief.