2025 (6) TMI 911 - AAR - GST

Classification of goods - Infantometer and Stadiometer diagnostic medical equipment - covered under Tariff Heading 9018 and liable to GST @ 12% or not - main thrust of the applicant s submissions is that the products in question i.e. Infantometer and Stadiometer are used for medical examination at medical centres/hospitals/anganwadi s - HELD THAT - The term diagnostic instrument or apparatus is not defined under the GST Act or the Customs Tariff. In order to understand as to what goods can be termed as a medical appliance used as a diagnostic instrument or apparatus it is necessary to understand the meaning of the said term in general parlance and the way it is understood by common people and by persons who are engaged in the said profession. A diagnostic instrument is a tool used by healthcare professionals to identify the nature or cause of a medical condition enabling accurate diagnosis and treatment. Diagnostic instruments are designed to measure observe and analyze various aspects of patient s health helping healthcare providers determine the presence nature and cause of a disease or condition - Such instruments like weighing scale measuring tapes etc. will not qualify to be termed as an instrument used in medical sciences for the purpose of classifying them under Chapter 9018. On verification of the pamphlet of the product the pamphlet of Stadiometer mentions that it is designed to measure height of adults and children. It is nowhere mentioned in the said pamphlet that the said goods are for medical purposes or are medical equipment/ diagnostic instrument or goods to be used by medical professionals in health care setting. In fact it is found that the said product is designed for measuring the height of children and adults. It would not be out of place to point out that the height of adults and children are not measured only for medical purposes. A medical professional uses various tools in his day to day work but all such tools will not be termed as a medical instrument. One of the major example will be a weighing scale which is used by medical professionals to find out the weight of a patient. However such weighing scale does not qualify as a medical equipment for the purposes of classification under Chapter 9018. A weighing scale being a weighing tool will be classified as a weighing scale rather than a diagnostic instrument or apparatus or instrument used in medical science. The use of a product would not be determinative of its classification unless the goods have been designed and manufactured for that particular uses - There is nothing on record to show that they were designed and manufactured to be used as diagnostic instruments. Merely because the goods are either sold directly by the manufacturer or through a particular channel i.e. the medical stores as claimed by the applicant but unsubstantiated would not render that product as diagnostic instrument. All goods sold through a medical store would not be a product or instrument used in medical science. It is also observed that similar goods are available for purchase of general public on e-commerce web sites also. The applicant has failed to establish that the products sold by him are diagnostic instruments used in medical science. Therefore it cannot be said that the said products are more specifically classifiable under Heading 9018 and therefore goes out of the purview of Heading 9018 - the stadiometer supplied by the applicant is a measuring instrument the primary and only function of which is to measure the height of children and adults. The purpose of determining the height may vary from situation to situation and may not be only medical. Therefore the stadiometer is more appropriately classifiable as other general instruments used for measuring length and are rightly classifiable under Heading 90178090. With respect to the product infantometer it is found that an infantometer is a measuring instrument used to measure the length of babies. The pamphlet of Infantometer mentions that the same is designed to measure height of baby in recumbent position and has been approved by the Legal Metrology Department. The product infantometer is normally not used by the general public. It is basically used by a pediatrician to measure the length of the babies to identify whether there is malnutrition and to diagnose the proper growth of babies. Conclusion - i) Infantometer being a diagnostic medical equipment is covered under Tariff Heading 9018 and liable to GST @ 12%. ii) Stadiomeater being a diagnostic medical equipment would be correctly classified under tariff Heading 9017 and liable to GST at 18%.

Summary

The core legal questions considered by the Authority for Advance Ruling (AAR) relate to the proper classification under the Harmonized System of Nomenclature (HSN) and consequent Goods and Services Tax (GST) liability of two products manufactured by the applicant: the Infantometer and the Stadiometer. Specifically, the issues were:

1. Whether the Infantometer, being a diagnostic medical equipment, falls under Tariff Heading 9018 and is liable to GST at 12%?

2. Whether the Stadiometer, being a diagnostic medical equipment, falls under Tariff Heading 9018 and is liable to GST at 12%?

Issue-wise Detailed Analysis:

Issue 1: Classification of Infantometer under Tariff Heading 9018

Relevant Legal Framework and Precedents: The classification is governed by the First Schedule to the Customs Tariff Act, 1975, and the GST Notification No. 01/2017-Central Tax (Rate) dated 28.06.2017. Tariff Heading 9018 covers "Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments." Sub-heading 9018 90 refers to "Diagnostic instruments and apparatus." The applicant relied on the Sixth Edition (2017) of the Explanatory Notes to the Harmonised Commodity Description and Coding System (HSN) issued by the World Customs Organization, which clarifies that tools or articles identifiable by special shape, quality, or design for medical use fall under Heading 9018.

Precedents cited include advance rulings by Haryana AAR (Medi Waves Inc. and M/s Precision Electronic Instruments Co.) and Rajasthan AAR (M/s Bhawna Khandelwal), which classified Infantometer under Heading 9018 with GST at 12%. The Supreme Court's rulings emphasizing the popular and commercial meaning of terms in tax statutes were also cited.

Court's Interpretation and Reasoning: The AAR examined the product's nature and use. Infantometer is a precision instrument designed to measure the recumbent length of infants, primarily used by medical professionals to diagnose growth and malnutrition. It is not sold to the general public but supplied mainly to medical institutions and government health programs, such as Integrated Child Development Services (ICDS). The product's pamphlet and test reports confirm its design and medical use.

The AAR noted that the term "diagnostic instrument or apparatus" is not defined in the GST or Customs Tariff Acts, so it must be understood in common parlance and the professional context. Diagnostic instruments are tools used by healthcare professionals to identify medical conditions. The Infantometer fits this description as it is used exclusively for medical diagnosis and monitoring infant growth.

Key Evidence and Findings: The applicant submitted product brochures, test reports from the Regional Reference Standard Laboratory certifying accuracy and durability, and certificates from government health authorities confirming exclusive medical use. The product's design, usage, and supply chain supported its classification as a medical diagnostic instrument.

Application of Law to Facts: Applying the General Rules for Interpretation of the First Schedule to the Customs Tariff Act, specifically Rule 3(a), which prefers specific entries over general ones, the Infantometer falls squarely within Heading 9018 as a specific medical diagnostic instrument rather than under the general measuring instruments category (Heading 9017).

Treatment of Competing Arguments: The jurisdictional officer did not dispute the medical use of Infantometer but distinguished it from the Stadiometer. The officer agreed Infantometer has a direct link to medical diagnosis of malnutrition and growth in infants, justifying classification under Heading 9018. The applicant's reliance on prior advance rulings and authoritative definitions was accepted.

Conclusion: The Infantometer is correctly classified under Tariff Heading 9018 as a diagnostic medical instrument and liable to GST at 12%.

Issue 2: Classification of Stadiometer under Tariff Heading 9018 or 9017

Relevant Legal Framework and Precedents: Similar to Infantometer, the classification depends on whether the Stadiometer is a "diagnostic instrument" under Heading 9018 or a general measuring instrument under Heading 9017. Heading 9017 covers "Drawing, marking-out or mathematical calculating instruments; instruments for measuring length, for use in the hand, not specified or included elsewhere in this chapter." The applicant relied on the same legal provisions and advance rulings as for Infantometer.

Court's Interpretation and Reasoning: The AAR examined the product's design, use, and marketing. The Stadiometer measures the height of adults and children and is used in various settings including medical examinations, recruitment, fitness assessments, and public health. The product pamphlet did not explicitly state medical or diagnostic use. The AAR observed that measuring height is not exclusively a medical function; it has multiple non-medical applications.

The AAR emphasized that mere use by medical professionals or sale through medical channels does not automatically confer classification as a medical diagnostic instrument. The product must be designed and manufactured specifically for medical diagnostic purposes. The Stadiometer's primary function is as a measuring instrument, not a diagnostic tool.

Key Evidence and Findings: The applicant's test reports confirmed quality and accuracy but did not prove exclusive medical design or use. The product is also available to the general public via e-commerce, indicating broader utility. The jurisdictional officer argued that Stadiometer is not exclusively medical and can be used in non-medical contexts such as defense or police recruitment.

Application of Law to Facts: Applying Rule 3(a) of the General Rules for Interpretation, the Stadiometer does not qualify for the specific medical instrument heading (9018) because it is not exclusively designed or used as a diagnostic instrument. It falls under the general measuring instruments heading (9017). The principle that specific entries prevail over general ones applies only when the goods fit the specific description; here, they do not.

Treatment of Competing Arguments: The applicant's reliance on prior advance rulings classifying Stadiometer under Heading 9018 was distinguished on facts. The AAR noted that advance rulings are binding only on the parties before that authority and that the facts in this case differ materially, especially regarding the design and use of the Stadiometer. The applicant's argument that the product is sold as a "Growth Monitoring Device" to medical institutions was insufficient to establish exclusive medical diagnostic use.

Conclusion: The Stadiometer is correctly classified under Tariff Heading 9017 as a general instrument for measuring length and liable to GST at 18%.

Significant Holdings:

"A diagnostic instrument is a tool used by healthcare professionals to identify the nature or cause of a medical condition, enabling accurate diagnosis and treatment."

"All instruments or tools used by a medical professional will not, for that only reason, be termed as a medical instrument."

"The use of a product would not be determinative of its classification, unless the goods have been designed and manufactured for that particular use."

"The Infantometer, being exclusively used for medical purposes to measure infant length for diagnosis of malnutrition and growth, is correctly classifiable under Tariff Heading 9018."

"The Stadiometer, being a general measuring instrument used in both medical and non-medical contexts, is correctly classifiable under Tariff Heading 9017."

The AAR's final determination thus establishes the principle that classification under GST must be based on the intrinsic nature, design, and exclusive use of the product rather than incidental or secondary use. Specific tariff entries prevail only when the product fits the description precisely. The Infantometer qualifies as a diagnostic medical instrument, whereas the Stadiometer is a general measuring instrument.