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2025 (5) TMI 1257 - HC - GSTClassification of PPSB (Polypropylene Spunbond) bed sheets - denial of refund application in form RFD 06 - HELD THAT - Having heard learned Advocates appearing for the respective parties and noting It appears that that the Hon ble Division Bench had observed that the Appellate Authority failed to take note that the word made is not found in sub-para 2 of the notes under Chapter 63. Proceeding on such premise and by noting that neither the authorities nor the Court can add words or substitute words in a statute and has to read the statute as it is and the plain meaning should be gathered from the statute had concluded that the error by misreading the statute led to wrong finding that the bed sheets in question have to be taxed at 12% instead of 5%. It also appears that the Division Bench has taken note of the fact that Chapter heading 6304 which deals with other furnishing articles excluding those of heading 9404 there is a separate heading for bed sheets. Under the said heading in the tariff item 63041930 bed sheets and bed covers of manmade fibres have been specifically mentioned. This apart the Division Bench also noted that the Appellate Authority has misread paragraph 2(a) of the Notes of Chapter 63 by substituting the words goods of Chapter 56 to 62 by articles made of Chapter 56 to 62 . This has led to an inherent wrong decision in holding that the PPSB Bed Sheets is to be considered in Chapter 5603 and to be taxed at 12% instead of 5% as claimed by the appellant. In the instant case considering that in identical set of facts similar mistake has been committed by the Appellate Authority I am of the view that the orders of the Appellate Authority dated 02.09.21 17.09.2021 05.10.2021 30.11.2021 13.01.2022 18.02.2022 11.03.2022 19.07.2022 07.06.2022 16.06.2022 10.05.2022 09.06.2022 13.06.2022 27.07.2022 10.08.2022 27.07.2022 14.09.2022 25.11.2022 22.08.2022 15.12.2022 and 19.05.2023 to the extent the same deals with the classification of PPSB Bed Sheets cannot be sustained and the same are accordingly modified. The respondents are directed to process the refund applications of the petitioner on the basis of the observations made herein along with the statutory interest as may be applicable under section 56 of the said Act within a period of 12 weeks from the date of communication of this order. Accordingly the writ petitions stand disposed of.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Court revolve around the classification of PPSB (Polypropylene Spunbond) bed sheets under the Goods and Services Tax (GST) regime, specifically:
2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Classification of PPSB Bed Sheets under GST Relevant Legal Framework and Precedents: The classification of goods for GST purposes is governed by the Customs and Central Excise Tariff Act, 2017, which aligns with the Harmonized System of Nomenclature (HSN) codes. Chapter 63 covers "Other made-up textile articles; sets; worn clothing and worn textile articles; rags," while Chapter 56 covers "Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof." The relevant tariff item for bed sheets made of manmade fibers is 63041930 under Chapter 63. The Court also relied on the Division Bench judgment in M/s. Harsh Polyfabric Private Limited v. Union of India, which dealt with similar classification issues. Court's Interpretation and Reasoning: The Court noted that the petitioner manufactures PPSB bed sheets by processing non-woven fabric made from polypropylene granules. The petitioner argued that the bed sheets are finished products made by cutting, sealing, and stitching the non-woven fabric, thus qualifying as "made-up textile articles" under Chapter 63 and attracting 5% GST. The Appellate Authority, however, classified the bed sheets under Chapter 56 (heading 5603) by interpreting the tariff notes to mean that articles made from Chapters 56 to 62 cannot fall under Chapter 63, thereby imposing a 12% GST rate. The Court found this interpretation erroneous, particularly the Appellate Authority's insertion of the word "made" in the tariff note, which was not present in the statutory text. Key Evidence and Findings: The Court examined the tariff headings and notes, noting that the Chapter 63 heading 6304 specifically includes bed sheets and bed covers of manmade fibers under tariff item 63041930. The Division Bench judgment highlighted that the Appellate Authority misread the statutory note by substituting "goods of Chapter 56 to 62" with "articles made of Chapter 56 to 62," which was not supported by the statute. Application of Law to Facts: The Court applied the plain and literal meaning of the tariff notes, emphasizing that the statute must be read as it is without adding or substituting words. Since the bed sheets are finished products made by processing non-woven fabric (which itself is made from polypropylene granules), they fall within Chapter 63 and not Chapter 56. Therefore, the correct GST rate is 5%, not 12%. Treatment of Competing Arguments: The petitioner's argument that the bed sheets are finished products classified under Chapter 63 was accepted, while the Appellate Authority's contrary view based on a misreading of the tariff notes was rejected. The respondents acknowledged the binding nature of the Division Bench decision and did not dispute the petitioner's classification. Conclusions: The Court concluded that the Appellate Authority's classification was legally unsustainable and that PPSB bed sheets should be classified under Chapter 63, tariff item 63041930, attracting 5% GST. Issue 2: Entitlement to Refund of GST Paid at Higher Rate Relevant Legal Framework: Under the GST regime, if goods are incorrectly classified and taxed at a higher rate, the taxpayer is entitled to claim refund of the excess tax paid, along with statutory interest under Section 56 of the GST Act. Court's Interpretation and Reasoning: Since the Court held that the correct classification of PPSB bed sheets is under Chapter 63 attracting 5% GST, the petitioner's refund applications, which were rejected on the basis of the incorrect 12% classification, must be reconsidered. Key Evidence and Findings: The Court noted that the refund applications were filed in Form RFD 06 and were rejected by the proper officer and subsequently by the Appellate Authority. The Division Bench judgment and the present ruling mandate modification of these orders. Application of Law to Facts: The Court directed the respondents to process the refund applications in accordance with the correct classification and pay the refund along with applicable statutory interest within 12 weeks from the date of communication of the order. Treatment of Competing Arguments: The respondents did not dispute the refund entitlement in light of the corrected classification and accepted the binding precedent. Conclusions: The petitioner is entitled to refund of the GST paid at the higher rate of 12%, recalculated at 5%, along with statutory interest. 3. SIGNIFICANT HOLDINGS The Court's crucial legal reasoning is encapsulated in the following verbatim observations: "The Appellate Authority had misread the second note in Chapter 63 of the Tariff Act, while proceeding to determine the appeal by using the word 'articles made of Chapter 56 to 62' by wrongly substituting the word 'made' which is not contained in the note under the aforesaid chapter." "Neither the authorities nor the Court can add words or substitute words in a statute and has to read the statute as it is and the plain meaning should be gathered from the statute." "The Appellate Authority has misread paragraph 2(a) of the Notes of Chapter 63 by substituting the words 'goods of Chapter 56 to 62' by 'articles made of Chapter 56 to 62'. This has led to an inherent wrong decision in holding that the PPSB Bed Sheets is to be considered in Chapter 5603 and to be taxed at 12% instead of 5% as claimed by the appellant." Core principles established include:
Final determinations on each issue are:
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