2022 (12) TMI 510 - AAR - GST

Tata Ace Garbage Tipper vehicles classified under tariff heading 8704 as goods carriers attracting 28% GST rate

AAR Maharashtra ruled that Tata Ace Garbage Tipper vehicles designed for municipal waste collection under Swachh Bharat Mission fall under tariff heading ... Classification of goods - Special Purpose Motor Vehicles or not - Tata Ace Garbage Tipper vehicle with its variants for Garbage applications, manufactured exclusively keeping in view the requirements of National Green Tribunal (NGT), for supply to Municipal Corporations, Municipalities, Urban Development Bodies, Gram Panchayats and to contractors to whom operation & maintenance contract has been awarded by these Govt, bodies under Swachh Bharat Mission, for collection and disposal of household garbage. HELD THAT:- Applicant stated that the Chapter sub-heading 8705 covers special purpose vehicles and defines special purpose vehicles as other than those principally designed for the transport of persons or goods. Few illustrative examples of vehicles which would be covered under this heading are also given in this sub-heading. These vehicles cover trucks used for cleaning streets, gutters, airfield runways etc. (sweepers, sprinklers, sprinkler-sweepers & cesspool emptier), break-down lorries, crane lorries, fire fighting vehicles, concrete-mixers lorries, spraying lorries, mobile workshops, mobile radiological units etc. Applicant further stated that the Garbage Tipper vehicles are specially / exclusively designed for garbage application and for use by Govt. Bodies. The Garbage Tipper vehicle enable access to small lanes for garbage collection for tipping the same in to a compactor or at dumping sites as decided by Govt. Bodies. This Garbage Tipper vehicle has 60:40/ 70:30 partition for segregation of DRY waste & WET waste at source (while collecting it from lanes/houses) as per National Green Tribunal (in short NGT) guidelines. The bodies are designed with tarpaulin/ hard metallic cover to transfer garbage under covered condition as per NGT guidelines. Also, these vehicles have exclusive features of Power Take off (PTO) through gear box for operating hydraulic tipping equipment. In the column of Type of vehicle it is mentioned as “goods carrier”. Thus, as per the certificate itself it is goods carrier. Thus the said vehicle would get covered under heading 87049090, after considering all the contentions and facts as available on record. The dealer has not produced details as to tonnage of vehicles, so this finding that it is covered by 87049090 is given on the best judgment basis. As shown in underlined portion above the applicant admitted that it can be used for transportation of goods. The starting words of Entry 8704 are “Motor Vehicles for the transport of goods”. Thus rate of tax applicable shall be 28%; as only refrigerated vehicles are taxable at 18%; and remaining all trucks covered under heading 8704 are taxable at 28%. Thus, Garbage Tipper vehicle for the transport of the goods would fall under tariff item 8704 and would attract tax at 28% under Sr. No. 166 of Schedule IV of CGST Rates notified by Notification No. 1/2017-CGST Tax (Rate), dated 28.06.2017 as amended. Issues Involved:1. Classification of Tata Ace Garbage Tipper vehicles under the Customs Tariff Act.2. Applicability of IGST rate on the said vehicles.Issue-wise Detailed Analysis:1. Classification of Tata Ace Garbage Tipper Vehicles:The applicant, engaged in the manufacturing of vehicles, sought an advance ruling on whether Tata Ace Garbage Tipper vehicles, designed for garbage collection and disposal under the Swachh Bharat Mission, are classifiable under Tariff Item 8705.90.00 as Special Purpose Motor Vehicles. The applicant argued that these vehicles are specially designed for garbage applications, featuring partitions for waste segregation and covered bodies as per National Green Tribunal guidelines. They contended that these vehicles should be classified under Chapter sub-heading 8705, which covers special purpose vehicles not primarily designed for the transport of persons or goods.The jurisdictional officer, however, submitted that the vehicles are classified as goods carriers as per the ARAI certificate and should fall under Tariff item 8704 31 90, which pertains to motor vehicles for the transport of goods. The officer argued that the vehicles do not align with the examples of special purpose vehicles listed under heading 8705, such as breakdown lorries, crane lorries, and fire fighting vehicles.Ruling on Classification:The Authority for Advance Ruling (AAR) observed that the applicant admitted the vehicles could be used for transporting goods. The ARAI certificate classified the vehicles as goods carriers. Therefore, the AAR concluded that the vehicles should be classified under heading 8704, not 8705, as they are designed for the transport of goods.2. Applicability of IGST Rate:The applicant sought clarity on whether the Garbage Tipper vehicles would attract IGST at 18% under Sr. No. 401A of Schedule III of IGST Rates, specified under Notification No. 1/2017-Integrated Tax (Rate). They argued that special purpose motor vehicles attract an 18% IGST rate.The jurisdictional officer countered that since the vehicles are classified under heading 8704 as goods carriers, they should attract a 28% IGST rate under Sr. No. 166 of Schedule IV of IGST Rates, which applies to motor vehicles for the transport of goods other than refrigerated motor vehicles.Ruling on IGST Rate:The AAR ruled that the Garbage Tipper vehicles, classified under heading 8704, would attract an IGST rate of 28% as specified under Sr. No. 166 of Schedule IV of IGST Rates.Conclusion:- The Tata Ace Garbage Tipper vehicles are not classifiable under Tariff Item 8705.90.00 as Special Purpose Motor Vehicles.- The vehicles do not attract IGST at 18% under Sr. No. 401A of Schedule III.- The applicable IGST rate for the vehicles is 28% under Sr. No. 166 of Schedule IV of IGST Rates.Order:The AAR concluded that the Tata Ace Garbage Tipper vehicles are classified under heading 8704 and attract an IGST rate of 28%.