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Issues: (i) Whether PVC Tufted Coir Mats and Matting are classifiable under tariff item 5703 90 90 and liable to GST at 12%. (ii) Whether PVC Tufted Coir Mats and Matting fall within the concessional entry in SI No. 219 of Schedule I and attract the lower rate of 5%.
Issue (i): Whether PVC Tufted Coir Mats and Matting are classifiable under tariff item 5703 90 90 and liable to GST at 12%.
Analysis: The product was found to be a tufted floor covering with coir as the exposed surface and PVC backing. Chapter 57 covers carpets and other textile floor coverings, and the relevant heading for tufted textile floor coverings is Heading 5703. The product did not fit Heading 5702 because it was not woven or merely coir-backed in the ordinary sense, and it did not fall under Heading 5705. On the facts, the appropriate tariff classification was held to be Tariff Item 5703 90 90.
Conclusion: Yes. PVC Tufted Coir Mats and Matting are classifiable under Tariff Item 5703 90 90 and attract GST at 12%.
Issue (ii): Whether PVC Tufted Coir Mats and Matting fall within the concessional entry in SI No. 219 of Schedule I and attract the lower rate of 5%.
Analysis: The concessional entry for coir mats, matting and floor coverings was held to apply to goods made exclusively of coir fibres. As the product in question is manufactured with PVC and chemicals as integral components and the PVC backing materially contributes to its value and character, it does not answer the description of coir mats or matting in the concessional entry. The product therefore did not qualify for the lower band of tax.
Conclusion: No. PVC Tufted Coir Mats and Matting do not fall within SI No. 219 of Schedule I or the low-rate entry.
Final Conclusion: The product was held to be a tufted textile floor covering under Tariff Item 5703 90 90 and liable to tax at the standard 12% rate, while the concessional 5% entry was held inapplicable.
Ratio Decidendi: Where a textile floor covering is tufted and has PVC backing with PVC and chemicals forming an integral part of its manufacture and value, it is classifiable under the tufted-heading entry and not under the concessional coir-only entry.