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        Case ID :

        2018 (5) TMI 528 - AAR - GST

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        Classification Dispute: GST Rate for PVC Floor Mats The case involved the classification and applicable rate of GST on PVC floor mats. The applicant argued for classification under Chapter 5705 as textile ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Classification Dispute: GST Rate for PVC Floor Mats

                          The case involved the classification and applicable rate of GST on PVC floor mats. The applicant argued for classification under Chapter 5705 as textile floor coverings, while the department contended for classification under Chapters 3924 or 3918 as plastics. The authority determined the product to be nonwoven material impregnated with PVC, falling under Chapter 39, specifically Heading 3918 for floor coverings of plastics. Accordingly, the applicable GST rate was set at 18% (9% CGST + 9% SGST) under entry 104A of Schedule III. The PVC floor mat was classified under Heading 3918, with a GST rate of 18%.




                          Issues Involved:
                          1. Classification of PVC floor mat.
                          2. Applicable rate of GST on PVC floor mat.

                          Detailed Analysis:

                          1. Classification of PVC Floor Mat:
                          The applicant sought an advance ruling on the classification of PVC floor mats, proposing that they should be classified under Chapter 5705 of the Customs Tariff, which pertains to "other carpets and other textile floor coverings." The applicant provided a detailed description of their manufacturing process, emphasizing that the product is made from PVC monofilament yarn and liquid PVC.

                          Applicant's Argument:
                          - The applicant argued that their product should be classified under Chapter 5705, citing various definitions and explanations from textile dictionaries and encyclopedias to support their claim that PVC fibers should be considered textile materials.
                          - They also referred to the HSN explanatory notes for Chapter 5705, which include bonded pile carpets where the pile surface is bonded to a substrate, and argued that their product fits this description.
                          - The applicant contended that the term "textile" should include PVC fibers, as per various technical definitions and classifications in textile literature.

                          Department's Argument:
                          - The department argued that the product should be classified under Chapter 3924 (articles of plastics) or Chapter 3918 (floor coverings of plastics), emphasizing that the primary raw material is PVC.
                          - They pointed out that the product does not meet the requirement of Chapter 5705, which includes carpets and floor coverings where cotton predominates by weight.
                          - The department also noted the lack of detailed information and samples from the applicant to support their claim.

                          Authority's Observations:
                          - The authority reviewed the manufacturing process and the composition of the product, noting that it is made from PVC yarn impregnated with liquid PVC.
                          - The HSN Notes to Chapter 39 define PVC as a polymer and state that the chapter covers substances called polymers and articles thereof, provided they are not excluded by Note 2 to the Chapter, which excludes goods of Section XI (textiles and textile articles).
                          - The authority concluded that the product is a nonwoven material impregnated with PVC, falling under Chapter 39, specifically Heading 3918, which covers floor coverings of plastics.

                          2. Applicable Rate of GST on PVC Floor Mat:
                          Having classified the product under Heading 3918, the authority then determined the applicable GST rate.

                          Authority's Decision:
                          - The authority referred to Notification No. 1/2017-Central/State Tax (Rate), which specifies the GST rates for various products.
                          - They identified entry 104A of Schedule III, which covers "floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles," attracting a GST rate of 18% (9% CGST + 9% SGST).

                          Conclusion:
                          The PVC floor mat is classified under Customs Tariff Heading 3918, and the applicable rate of GST is 18% (9% CGST + 9% SGST).

                          Order:
                          For reasons discussed, the PVC floor mat falls under Customs Tariff Heading 3918, and the applicable GST rate is 18% (9% each of CGST and SGST).
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                          ActsIncome Tax
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