PVC Resin SP 660 classified under CTH 3904 2110, exemption under Notification 46/2011-Cus denied, appeal dismissed

SC considered whether PVC Resin SP 660 Suspension Grade should be classified under CTH 3904 2110 as "Poly (vinyl chloride) resins" as claimed by the appellant, or under CTH 3904 1090 as "Poly (vinyl chloride), not mixed with any other substances," affecting eligibility for exemption under Notification No. 46/2011-Cus dated 1.6.2011. CESTAT had held that the correct classification was CTH 3904 2110 and set aside the contrary order. SC found no error in CESTAT's reasoning or conclusion and upheld its order. The appeal was dismissed.

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The Supreme Court, exercising its appellate jurisdiction, addressed an appeal arising from an order dated 21.07.2025 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). At the outset, the Court condoned the delay in filing the appeal, thereby permitting the matter to be heard on merits. After hearing the learned counsel for the appellant and examining the impugned CESTAT order, the Court held that it did "not find any error in the order impugned." On this basis, the civil appeal was dismissed, thereby affirming the decision of CESTAT. The Court further directed that all pending application(s), if any, stood disposed of as a consequence of the dismissal of the appeal.

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