2019 (11) TMI 300 - AT - Central Excise

Appeal success: PVC pipes classified under CETH 8424 9000, eligible for exemption. Precedents and usage key.

The appeal was allowed, with the Tribunal concluding that the PVC pipes were correctly classified under CETH 8424 9000 and eligible for the claimed ... Classification of goods - manufacture of PVC pipes - appellants have classified the said PVC pipes under CETH 8424 9000 and availed the exemption contained at Sl.No. 70 of Notification No. 03/2005-CE, dated 24.02.2005 - Department contended that the classification adopted by the appellants is wrong and the pipes are classifiable under CETH 3917 and accordingly are not eligible for the said exemption - Whether classified under CETH 8424 9000 or under CETH 3917? HELD THAT:- There is no allegation by the Department that the said pipes have been sold/utilised for general purposes. It is pertinent to see that Shri Shyam Sundar Dash vide his statement dated 12.10.2010 stated that the product manufactured by them is nothing but a PVC pipe, the same is being used as an integral part of the drip irrigation system being manufactured by their company and hence their company was calling them as parts of Micro/drip irrigation system. As the PVC pipes manufactured and cleared by the appellants are evidently shows to be for irrigational purposes in agriculture/horticulture, the classification of the same is correctly done under CETH 8424 9000 and not under CETH 39.17 as contended by the Department - Appeal allowed - decided in favor of appellant. Issues Involved:1. Classification of PVC pipes.2. Eligibility for exemption under Notification No. 03/2005-CE.3. Applicability of various case laws and precedents.4. Relevance of Board's Circular No. 380/13/98-CX.5. Determination of whether PVC pipes are parts of general use or specific use in irrigation systems.Detailed Analysis:1. Classification of PVC Pipes:The appellants classified PVC pipes under CETH 8424 9000, claiming they are parts of drip/sprinkler irrigation systems. The department argued that these should be classified under CETH 3917, which does not qualify for the claimed exemption. The Tribunal reviewed the classification and found that the pipes, being integral parts of the irrigation system, should be classified under CETH 8424 9000. The Tribunal referred to Note 2(b) and Note 4 of Section XVI, which support classifying parts used solely or principally with specific machines under the same heading as the main item.2. Eligibility for Exemption under Notification No. 03/2005-CE:The appellants claimed the benefit of the exemption contained at Sl.No. 70 of Notification No. 03/2005-CE. The Tribunal found that since the pipes are used exclusively in irrigation systems, they qualify for the exemption. The Tribunal emphasized that the pipes were not sold or used for general purposes but were part of complete irrigation systems contracted by various State Governments.3. Applicability of Various Case Laws and Precedents:The Tribunal considered several case laws cited by both parties. The appellants relied on cases like Elgi Ultra Appliances Ltd., EPC Irrigation Limited, and Kisan Irrigation and Infrastructure Ltd., where similar classifications were upheld. The Tribunal agreed with these precedents. The department cited cases like Salzer Controls Limited and Paper Products Limited, but the Tribunal found these not directly relevant to the issue of classifying PVC pipes used in irrigation systems.4. Relevance of Board's Circular No. 380/13/98-CX:The department cited this circular to support their classification under CETH 3917. However, the Tribunal noted that subsequent decisions by the Tribunal and the Hon’ble Apex Court had considered this circular and concluded that pipes used in irrigation systems should be classified under CETH 8424 9000. Therefore, the circular was deemed not applicable in this context.5. Determination of Whether PVC Pipes are Parts of General Use or Specific Use in Irrigation Systems:The Tribunal found that the pipes in question were specifically manufactured and used as parts of drip irrigation systems, not for general use. The Tribunal noted that the pipes were supplied as part of complete irrigation systems and had specific features, such as perforations for drip irrigation, distinguishing them from general-purpose PVC pipes.Conclusion:The appeal was allowed, with the Tribunal concluding that the PVC pipes were correctly classified under CETH 8424 9000 and eligible for the claimed exemption. The Tribunal's decision was based on consistent precedents and the specific use of the pipes in irrigation systems. The Tribunal dismissed the department's arguments and case laws as not directly relevant to the classification issue at hand.