Question 37:
clarify rate of tax on Wind Ventilator or Turbo Ventilator used in
industries ( working as a exhaust to remove bad air from inner side of the
business premises )
As their a lot of confusion in this category
HSN Code 84128030 ( wind turbine or engine ) mentioned as 18 % as per tariff
heading .( But other than wind turbine or engine ) and Rate prescribed
for the same item is 5% as mentioned in schedule 1 as given hereunder :-
5 % Renewable energy devices & spares parts for their manufacturer :-
(a) Bio Gas Plant.
(b) Solar Power based devices.
(c) Solar power generating systems .
( d) Wind mill s and wind operated electricity generator.
(e) Waste to energy plants/devices.
(f) Solar lantern /solar lamp.
(g) Ocean waves/tidal waves energy devices/plants.
pawan chakki that is Air based atta chaakki.
Or
The same can be classified under 8414 ( Air or vacuum pumps ,air or other gas
compressor and fans ,ventilating or recycling hoods incorporating a fan. whether
or not fitted with filters. the same are under 18% tax category.
Answer
Ch. no. 8412 is for other engines and motors The heading mentioned by you is for
wind turbine or engine your product is not operated by winds but It is operated
with electricity
Further it is not engine or motor it self
The list of items given are used for generating energy but your product is not
generating energy In fact it is a very big exhaust fan(ventilator) so the
correct classification should be 8414
This is concluded on the basis of information without seeing physical sample
Please see physical sample also and assure that it is a big size fan (reply dt.
05/10/2018)