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The CESTAT ruled that lithium-ion batteries are correctly classified under S. No. 376AA of Schedule III to Notification No. 01/2017-IT (Rate), as amended by Notification No. 19/2018-IT (Rate), attracting 18% IGST rather than 12%. The Tribunal applied the cardinal principle that when statutory language is plain and unambiguous, courts must give effect to the words as written without implication or intendment. However, the demand for interest was set aside following Bombay HC precedent in Mahindra & Mahindra Ltd. v. Union of India, which held that absent specific statutory provisions for interest levy under Section 3 of Customs Tariff Act, 1975 (prior to its amendment on August 16, 2024), such interest cannot be charged.
The CESTAT ruled that lithium-ion batteries are correctly classified under S. No. 376AA of Schedule III to Notification No. 01/2017-IT (Rate), as amended by Notification No. 19/2018-IT (Rate), attracting 18% IGST rather than 12%. The Tribunal applied the cardinal principle that when statutory language is plain and unambiguous, courts must give effect to the words as written without implication or intendment. However, the demand for interest was set aside following Bombay HC precedent in Mahindra & Mahindra Ltd. v. Union of India, which held that absent specific statutory provisions for interest levy under Section 3 of Customs Tariff Act, 1975 (prior to its amendment on August 16, 2024), such interest cannot be charged.
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