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We hold that Caesarstone imported by the Appellant merits classification under HSN 6810

Shanti Prime Publication Pvt. Ltd.

Classification of product Caesarstone—The applicant had initiated an application for an Advance Ruling for determination of the correct classification of Caesarstone, whether it will classified under HSN code 2506 or 6810 for the purpose of levy of GST?

Held that— the Appellants are importing the goods in question and are clearing the same by paying Customs duty and IGST through self-assessment method under the Customs tariff heading 6810, and are availing credit of the IGST paid under GST. Thus, when there is no dispute about the classification of the goods in question when the appellants assess these goods on their own under HSN 6810 of the Customs Tariff, the HSN Code for the purpose CGST/SGST ought to be the same.

It is evident that Caesarstone is not a natural stone, as its registered name appears to suggest, but is an engineered product, manufactured after a series of processes which are in no way simple mechanical or physical processes covered by Chapter note 1 to Chapter 25. Therefore, the claim of Appellant that Caesarstone, viz: that the product is a mixture of 93% Quartz, with some minor additions of other materials; and that the same undergoes only simple mechanical and physical processes; and thus should be classified by invoking Rule 2 (a) and 3(b) of interpretation rules, does not hold ground. If some lumps or powder of quartz would have been presented along with some polyester resins in form of a mixture, the classification would have been decided under heading 2506 only based on the Rule 2(b) read with Rule 3, as it would not have been possible to decide the classification in terms of Rule 1 in that situation. Here, the case is different.

Held that—even though Caesarstone is made from natural quartz, it is clearly classifiable as an article of artificial stone, in view of the processes it has undergone and the form in which it has been presented. Thus, we find that the said goods are classifiable under 6810.

Ruling— Caesarstone imported by the Applicant is to be classified under HSN code 6810. [2018] 3 TAXLOK.COM 2 (AAAR-Maharashtra)