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2020 (1) TMI 793 - AAAR - GSTClassification of goods - 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? - whether the classification of filter will change if the identical goods are supplied to a distributor instead Indian Railways directly, and the distributor in turn ejects supply to Indian Railways? - challenge to AAR decision. HELD THAT - In the instant case, we find that the subject Filters falling under Chapter Heading 84.21 is excluded from being considered as a part for the goods under Section XVII by virtue of Note 2(e) to Section XVII, thereby failing to fulfill the very first condition above. Further, the subject Filters are also specifically included in Chapter Heading 84.21 as filtering apparatus and hence the third condition of the above General Notes is also not fulfilled. The only condition that is satisfied is that the subject Filters are suitable for use solely and principally with the articles of Chapter 86. Since all three conditions are required to be fulfilled, which is not so in the instant case, the subject Filters cannot be considered as Parts of railway locomotives and therefore, cannot be classified under Chapter Heading 8607. The correct classification of the subject Filters would be under Chapter Heading 84.21 of the Tariff. Thus, the subject Filters manufactured by the Appellant solely and principally for use by the Indian Railways and supplied directly the Indian Railways are classifiable under Chapter Heading 84.21 of the Customs Tariff - The classification of the subject goods Will not change if the Same are supplied to a distributor instead of Indian Railways and the distributor in turn affects the supply to the Indian Railways. The decision of Advance ruling authority upheld.
Issues Involved:
1. Classification of filters manufactured for Indian Railways under HSN Heading 8421 or 8607. 2. Impact of supply chain (direct to Indian Railways vs. through a distributor) on classification. 3. Consideration of relevant circulars and judicial precedents in classification. Detailed Analysis: 1. Classification of Filters: The main issue is whether filters manufactured solely for Indian Railways should be classified under HSN Heading 8421 (filtering or purifying machinery and apparatus) or HSN Heading 8607 (parts of railway locomotives). The Appellate Authority examined the Section Notes to Section XVI and XVII of the Customs Tariff, which guide the classification of parts and accessories. Note 2(e) to Section XVII explicitly excludes machines or apparatus of headings 84.01 to 84.79 from being considered parts of goods under Section XVII, even if they are identifiable for railway locomotives. Thus, filters falling under Heading 84.21 cannot be classified under Heading 86.07 as parts of railway locomotives. 2. Supply Chain Impact: The classification remains unchanged whether the filters are supplied directly to Indian Railways or through a distributor. This is because the classification is based on the product's nature and not the supply chain. 3. Consideration of Circulars and Judicial Precedents: The appellant argued that the AAR ignored Circular No. 17/90-CX.4, which clarifies that goods specifically designed for vehicles of Section XVII should be classified under appropriate headings like 8607. However, the Appellate Authority found this circular irrelevant as it pertains specifically to transmission elements, not filtering apparatus. The appellant also cited various judicial precedents supporting classification under Heading 8607 based on principal use. However, the Appellate Authority noted that these precedents did not consider the exclusionary Note 2(e) to Section XVII, making them inapplicable. Discussion and Findings: The Appellate Authority emphasized the importance of Section Notes in classification. It clarified that Note 2(e) to Section XVII excludes filtering apparatus under Heading 84.21 from being classified as parts of railway locomotives under Heading 86.07. The authority also noted that the General Notes to Section XVII require parts and accessories to meet three conditions: not being excluded by Note 2, being suitable for sole or principal use with articles of Chapters 86 to 88, and not being more specifically included elsewhere in the Nomenclature. The filters in question fail the first and third conditions, thus cannot be classified under Heading 86.07. The authority also dismissed the appellant's reliance on the ruling by the Uttar Pradesh Authority for Advance Ruling in the case of M/s. G.S Products, as it did not consider Note 2(e) to Section XVII and is only binding within the jurisdiction of Uttar Pradesh. Conclusion: The Appellate Authority upheld the order of the Karnataka Authority for Advance Ruling, classifying the filters under Heading 84.21. The appeal by M/s. Parker Hannifin India Pvt. Ltd. was dismissed on all counts.
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