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Case Law Details

Case Name : In re Swadeshi Empresa Pvt. Ltd (GST AAR Gujarat)
Appeal Number : Advance Ruling No. GUJ/GAAR/R/2022/29
Date of Judgement/Order : 11/05/2022
Related Assessment Year :
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In re Swadeshi Empresa Pvt. Ltd (GST AAR Gujarat)

HSN Tariff of fire safety product assembled on trolley, consisting of engine operated pump, water tank, hose reel, pipe and gun, operated through electric panel on trolley.

We refer to the description of the Goods which is a water mist firefighting trolley. It is an assembly of Pump driven through engine, water tank, hose reel, pipe and gun and these assembled parts are kept on trolley. This firefighting goods sprays water in such a way that a small quantity of water is sprayed at high velocity to make very fine disjointed droplets of water covering an exponentially larger area. The high pressure hose reel is fitted with high pressure fog/ jet gun. The gun has a pistol grip nozzle having discharge of atleast 12-30 lpm at 100 bar (pressure). Thereby subject goods are called water mist firefighting goods. We find that the description of the goods may be categorized as Firefighting pump with internal reservoir and thereby, as per HSN Explanatory Notes does not merit classification at Tariff 84241000. Further the subject product is not a Fire fighting vehicle as described at Tariff 8705. The subject goods have ultrahigh pressure pump driven through the engine to discharge water at a specified LPM at specified pressure (bar) and thereby the goods need to be fitted or designed to be fitted with pressure measuring device. Further, we note that the said goods have nozzle attached to the water pipe permitting the control of the water mist discharged. We find this Tariff item 84131990 satisfying the product description. The HSN explanatory notes to 8424 has excluded such fire extinguishing goods and categorized them under 8413.

7. In conspectus of aforementioned Discussion and Findings, in pursuance to HSN Explanatory Notes to Chapter heading 8424 [ page number: XVI-8424-1] and to HSN Explanatory Notes to Subheading 841311 and 841319 [ page number: XVI-8413-5 ], We classify the said Fire safety product trolley at HSN 84131990.

FULL TEXT OF THE ORDER OF AUTHORITY FOR ADVANCE RULING,  GUJARAT

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