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Aluminium Foil Container Falls under CTH 7615; GST at 12%: Madras HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 4959
Case Name
Veeram Natural Products Vs Commissioner of GST & Central Excise (Madras High Court)
Date of Judgement/Order
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Veeram Natural Products Vs Commissioner of GST & Central Excise (Madras High Court)

Summary: In the case of Veeram Natural Products v. Commissioner of GST & Central Excise (Madurai), the Madras High Court ruled on the classification of aluminium foil containers under the Customs Tariff Act, 1975. The petitioner, M/s Veeram Natural Products, had classified their aluminium foil containers under Chapter 7615, which applies a 12% GST rate, while the Department argued for classification under Chapter 7607, which carries an 18% GST rate. The dispute arose over whether aluminium foil containers should be categorized as “table, kitchen, or other household articles of aluminium” under Chapter 7615 or as “aluminium foil” under Chapter 7607.The Madras High Court referred to a prior ruling by the Supreme Court in Commissioner of Central Excise v. Hindalco Industries Limited, which had settled a similar dispute in favor of the petitioner. Based on this precedent, the Court upheld the classification of aluminium foil containers under Chapter 7615 with a 12% GST rate. Consequently, the demand for higher GST at 18% was dropped, and the pre-deposited tax was ordered to be refunded to the petitioner within 30 days. The decision reinforces the principle of relying on established legal precedents for consistent tax classifications.

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Author Info

Bimal Jain
Name: Bimal Jain
Qualification: LL.B / Advocate
Company: A2Z Taxcorp LLP
Location: Delhi, Delhi
Articles Published: 2,901

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