n-Hexane classification, Customs Tariff Act, Chapter 29, Chapter 27, HSN Notes, Motor Spirit, Reliance Industries, Supreme Court India, Customs duty, Hydrocarbon
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Commissioner Of Customs, Kandla, Gujarat Vs. M/s Reliance Industries Limited

  Supreme Court Of India CIVIL APPEAL NO. 569 OF 2012
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Case Background

As per case facts, the Respondent-Assessee imported n-Hexane, self-classifying it under Customs Tariff Heading 2901.10 as a pure hydrocarbon. The Appellant-Revenue, based on a chemical test report showing a distillation ...

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Document Text Version

2026 INSC 536 Civil Appeal No.569 of 2012 Page 1 of 49

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 569 OF 2012

COMMISSIONER OF CUSTOMS,

KANDLA, GUJARAT …APPELLANT (S)

VERSUS

M/S RELIANCE INDUSTRIES

LIMITED … RESPONDENT (S)

J U D G M E N T

ARAVIND KUMAR, J.

1. The Appellant – Revenue is knocking the doors of this Court

calling in question, the decision of Customs Excise and Service

Tax Appellate Tribunal (hereinafter referred to as ‘CESTAT’),

Ahmedabad delivered on 15.07.2011 in Order

No.A/1280/WZB/AHD/2011 in Appeal No. C/588/04

whereunder CESTAT dismissed the appeal. The principal issue

Civil Appeal No.569 of 2012 Page 2 of 49

for consideration in the instant appeal is whether the imported

product, viz, “n-Hexane” or “Exxsol Hexane”, is to be treated

as a Petroleum Oil and is to merit classification under Customs

Tariff Heading 2710.00 (hereinafter referred to as ‘CTH

2710.00’) and Central Excise Tariff Heading 2710.12

(hereinafter referred to as ‘CETH 2710.12’) as contended by

the Appellant-Revenue, or as a Pure Hydrocarbon existing as a

Separate Chemical Compound under Customs Tariff Heading

2901.10 (hereinafter referred to as ‘CTH 2901.10’) and Central

Excise Tariff Heading 2901.90 (hereinafter referred to as

‘CETH 2901.90’) as claimed by the Respondent – Assessee.

2. At the outset, we deem it pertinent to clarify that the imported

products are “Exxsol Hexane RD/ Hydrosol n-Hexane” which

also bear the common chemical nomenclature of “n - Hexane”

or “Normal Hexane”. Henceforth, the imported product shall

be referred to as “n – Hexane” for convenience.

I. FACTUAL MATRIX AS IN THE CASE OF

COMMISSIONER OF CUSTOMS, KANDLA v. M/S

RELIANCE INDUSTRIES LTD.

3. The Respondent-Assessee filed Bill of Entry claiming

clearance of n-Hexane under Customs Tariff Heading 2901.10

Civil Appeal No.569 of 2012 Page 3 of 49

(‘CTH 2901.10’) and Central Excise Tariff Heading 2901.90

(‘CETH 2901.90’) by self-classifying the same as a Saturated

Acyclic Hydrocarbon existing as a compound in pure

commercial form. The imported product was subject to

Chemical Test and pending the report, provisional assessment

was undertaken. Pursuant to the result of the test report of the

samples provided by SGS Redwood Test Analysis Report

dated 10.05.2000, the Appellant-Revenue issued Show Cause

Notice dated 21.03.2001 to the Respondent-Assessee for

clearance of the goods under the heading of Chapter 27, i.e,

CTH 2710.00 and CETH 2710.12 deeming the imported

product to be an admixture of various hydrocarbons and not a

pure compound. The Respondent- Assessee was called upon to

show cause as to why n-Hexane ought not be classified under

CTH 2710.00 and CETH 2710.12.

4. The Show Cause Notices referencing to the test report stated

that the distillation range of n-Hexane is between 67°C to 70°C

indicating that it is an admixture of various hydrocarbons.

Further, it also stated that the flash point of n-Hexane is less

than 25°C and as it falls under the category of Motor Spirit used

in spark ignition engine it is thus, rightly classifiable under

Chapter 27, i.e., CTH 2710.00 and CETH 2710.12.

Civil Appeal No.569 of 2012 Page 4 of 49

II. FINDINGS OF THE ADJUDICATING AUTHORITY ,

ASSISTANT COMMISSIONER OF CUSTOMS

5. Before the Assistant Commissioner of Customs, the

Respondent-Assessee contended that the Show Cause Notice

was extremely vague, unspecific, and unsustainable inasmuch

as it does not bring on record any evidence to classify the

imported product under Chapter 27. They further submitted

that since n-Hexane is a colourless volatile liquid soluble in

water and as it is a saturated hydrocarbon, it is to be correctly

classified under Chapter 29 wherein its specific entry is found.

Mere consideration of the flash point, boiling point alone to

justify classification under Chapter 27 without considering the

chemical composition, nature of the imported product and the

satisfaction of the express conditions/stipulations mentioned

under the Customs Tariff Headings and Central Excise Tariff

Headings which ultimately makes the classification under

Chapter 27 is erroneous and illegal.

6. After awarding due consideration to the replies, submissions,

and both oral and documentary evidence, and after hearing the

parties, the adjudicating authority passed Order-in-Original

No. KDL/AC/SB/03/2003 dated 01.09.2003/25.09.2003. In the

said order, n-Hexane was classified under Customs Tariff

Civil Appeal No.569 of 2012 Page 5 of 49

Heading 2710.00 and Central Excise Tariff Heading 2710.12.

This conclusion was primarily based on the chemical test

results delivered by SGS Redwood Services, which indicated

that the flash point of n-Hexane is less than 25°C and its

distillation range lies between 64°C and 70°C. Consequently,

it was held that the imported substance is not a pure compound

but a mixture of various hydrocarbons, and is therefore

appropriately classifiable under Chapter 27.

7. Finally, the Adjudicating Authority came to a finding that since

the flash point of imported material was less than 25°C, it is a

Motor Spirit falling under CTH 2710.00 and CETH 2710.12

under the broad heading of Chapter 27. In view of the

foregoing reasoning, the Adjudicating Authority rejected the

claims of the Respondent - Assessee and ruled that the

imported substance was liable to be classified under CTH

2710.00 and CETH 2710.12.

8. On being aggrieved by the said order passed by the

Adjudicating Authority, the Respondent - Assessee preferred

an Order-in-Appeal before the Office of the Commissioner.

Civil Appeal No.569 of 2012 Page 6 of 49

III. FINDINGS OF THE COMMISSIONER IN ORDER -IN-

APPEAL PREFERRED BY THE RESPONDENT -

ASSESSEE

9. The Commissioner (Appeals), having gone through the factual

matrix, noted that the Assistant Commissioner principally

relied upon the Chemical Test Report to arrive at a conclusion

that n-Hexane must be classified under Chapter 27 of the

Customs Tariff Act and Central Excise Tariff Act as the flash

point was below 25°C.

10. However, before the Commissioner (Appeals) the preliminary

point raised and duly considered by the Commissioner was that

the Harmonized System Nomenclature Notes (hereinafter

referred to as ‘HSN Notes’) are guiding light to the

interpretation of the Customs Tariff in case of any dispute with

regard to classification. Accordingly, reference was made to

the judgment of this Court in CCE v. M/s Wood Craft Products

Limited

1

, which in substance, rightly provided so that the HSN

Notes are an internationally accepted nomenclature aimed at

resolving tariff classification. As such, HSN Chapter Heading

29.01 deals with acyclic hydrocarbons which are both saturated

1

(1995) 3 SCC 454

Civil Appeal No.569 of 2012 Page 7 of 49

and unsaturated. It was held that there is a specific mention of

Hexane under heading 2901.10.

11. The Commissioner (Appeal) was of the view that the original

analytical report issued by SGS Redwood Services dated

10.05.2000 is congruent to the HSN heading which specifically

mentions Hexane under HSN Heading 2901.10 having 6 atoms

of Carbon with Hydrogen bond. Thus, on combined reading of

Chapter 29.01 of the Central and Customs Excise Tariff, n-

Hexane ought to be classified under CTH 2901.10 and under

CETH 2901.90.

12. Thus, the Order-in-Appeal No. 134/2004/101(KDL) Commr

(A)RAJ was allowed and the order dated 01/25.02.2003 passed

by the Adjudicating authority was set aside prompting the

Appellant-Revenue to file an appeal before the CESTAT.

IV. FINDINGS OF THE CESTAT UNDER THE

IMPUGNED ORDER

13. Succinctly, CESTAT substantiated the said issue in few

distinct points. Essentially, the CESTAT dismissed of the

appeal of the Appellant-Revenue and consequently allowed the

claim of the Respondent- Assessee thereby upholding the order

Civil Appeal No.569 of 2012 Page 8 of 49

of the Commissioner of Appeals. The findings of CESTAT are

summarised below.

14. The instant appeal filed by the Appellant-Revenue was

squarely covered by the decision in the case of Unimers India

Limited v. Commissioners of Customs, Mangalore

2

wherein

the classification of consignment of n-Hexane and several

questions inter alia was decided by the Commissioner of

Appeals by placing emphasis on the Foreign Trade Policy

regarding the classification of any item in the Indian Trade

Classification based on Harmonized System [hereinafter

referred to as ‘ITC (HS)’], more particularly para 2.3 which

specifically provided that the any doubt in respect of

classification of any item shall be referred to the Directorate

General of Foreign Trade (hereinafter referred to as ‘DGFT’)

and the decision of the DGFT shall be final. In pursuance to

doubts raised, the DGFT had clarified that the classification of

Hexane shall be under Chapter 29 of the Customs Tariff vide

Policy Circular dated 14.07.2004.

15. The SGS Report stated that the Distillation Range is at 67.2°C

and that as per the Kirk-Othmer Encyclopedia, wherein the

chemical characteristics of Hexane in Table 10 categorically

2

2009 SCC OnLine CESTAT 5021

Civil Appeal No.569 of 2012 Page 9 of 49

provides that the Distillation Range is 68.3°C and the Flash

Point at -23°C which is less than 25°C. On comparison

between the two, there appears not much difference in the

composition of the product. Pure hexane, being derived from

the method of fractional distillation of crude petroleum oil and

is not possible to completely remove certain impurities such as

benzene, polythene, compounds of sulfur, oxygen and chlorine

and the same is reflected in the Kirk-Othmer Encyclopedia.

Furthermore, CESTAT noted that the purity of Hexane is

63.91% as per the Table in the Encyclopedia and as per the

SGS Report, the purity stands recorded at 63.93% and the same

matches.

16. CESTAT then referred to the HSN explanatory Note which

expressly named Hexane under the heading 29.01. Pertinently,

the explanatory note under Chapter 27 primarily deals with

coal, natural minerals, petroleum oils, crude oils and its

fractions and their distillation products and thus expressly

excludes compounds such as ethane, benzene, phenol, pyridine

as they fall under Chapter 29 due to their specific purity

criteria.

17. Accordingly, CESTAT held that a separate chemically defined

organic compound in its pure or commercial state is

Civil Appeal No.569 of 2012 Page 10 of 49

particularly placed under Chapter 29 and not under Chapter 27

as it correctly matches the chemical composition and

description of commercially available pure Hexane. Thus, the

imported product existing in pure form with admitted

impurities shall not be classified as an isomer but as an

independent compound.

18. Further, with regard to the impurities, CESTAT was of the

view that it is not possible to remove all impurities and that the

presence of impurities such as sulfur, oxygen, chlorine are also

referred in the Kirk-Othmer Encyclopedia. However, it appears

in the table, the purity of n-Hexane is 63.91%.

19. Furthermore, CESTAT relied upon the DGFT circular dated

14.07.2004 issued under ITC (HS) which categorically stated

that the import of Hexane is covered under Chapter 29 of the

ITC (HS) Classifications of Export and Import Items, 2002-07.

20. In conclusion, the CESTAT also noted that the Appellant-

Revenue has not placed any evidence to show that the imported

good which are used as solvents are used as spark engine and

thus, the very contention of the product falling under Chapter

27 falls bereft of any evidence to the same.

Civil Appeal No.569 of 2012 Page 11 of 49

V. SUBMISSIONS CANVASSED BY THE APPELLANT –

REVENUE

21. Mr. S Dwarkanath, the Learned ASG appearing for the

Appellant-Revenue has taken this Court through the

following arguments –

22. The filing of the Bill of Entry by the Respondent-Assessee

was subject to provisional assessment and a Chemical Test

ought to be conducted. The SGS Chemical Test Report of

the imported goods recorded that the imported good is a

“mixture of saturated hydrocarbons in the form of clear

colourless liquid flashing below 25°C and having boiling

point between 66°C to 69°C”. Hence, the Learned ASG

submitted that factually, the nature of the product was that

of an isomer with impurity.

23. On the legal aspects, the Learned ASG submitted that the

main point for consideration is that the product imported by

the Respondent-Assessee is excluded from Chapter 29 of

Customs Tariff Act. He refuted the reliance of the CESTAT

on CCE v. Woodcrafts Products Limited (supra) by

contending and submitting that the Tariff Act is dependent

on HSN Notes only to the extent of a dispute and if

warranted so. However, if the Tariff Act is explicit on the

Civil Appeal No.569 of 2012 Page 12 of 49

classification of a product, HSN Notes need not be employed

to determine the heading under which the imported product

ought to be placed.

24. Thus, it was submitted that in the instant case, once the

Tariff Act was clear on the classification of the imported

product under Chapter 27, the CESTAT erred in placing

reliance on HSN Notes and the Explanation appended. As

per Chapter note 1(b) to Chapter 29 of HSN Explanatory

Notes, a mixture of acrylic hydrocarbon isomer, whether

saturated or not, are excluded from Chapter 29 and are

classifiable under Chapter 27.

25. It was lastly submitted that the once the SGS Test Report has

specifically stated that the imported product has a

Distillation Range (boiling point) between 63 to 70 °C and

flash point of below 25°C, the same shall be an admixture of

hydrocarbons and not a pure commercial compound and

ought to be classified under Chapter 27 of the Customs

Tariff Act and not under Chapter 29.

Civil Appeal No.569 of 2012 Page 13 of 49

VI. SUBMISSIONS CANVASSED BY THE RESPONDENT

- ASSESSEE

26. Per contra, Mr. Shyam Divan, the Learned Senior Counsel

appearing on behalf of the Respondent - Assessee submitted as

follows:

27. It was vehemently argued that n-Hexane is an Acyclic Straight

Chain Hydrocarbon containing six carbon and hydrogen bond

represented as C6H14 and are components of Petroleum oils.

While Petroleum oils and oils are covered from bituminous

minerals, other than crude oil, Acyclic Hydrocarbons which are

a component of Petroleum oil are specifically placed under

Chapter 29.

28. Reliance was placed on decisions of this Court in CCE v.

Madhan Agro Industries (India) P. Ltd

3

; CCE v. Wood Craft

Products Ltd (supra) ; CCE v. Bakelite Hylam Ltd

4

; CC v.

Business Forms Ltd

5

and CC v. Phil Corporation Ltd

6

to

contend that the Courts can safely refer the internationally

accepted HSN Notes for resolution of any dispute with respect

to classification. It is then submitted that since Hexane is

3

2024 SCC Online SC 3775

4

(1997)10 SCC 350

5

(2005) 7 SCC 143

6

(2008) 17 SCC 569

Civil Appeal No.569 of 2012 Page 14 of 49

covered under Chapter 29 Heading 29.01 of the HSN

Explanatory Notes, the same is to be rightly placed thereunder

and not under Chapter 27.

29. Normal Hexane or n-Hexane is a “Separately Chemically

defined compound” which means that it is a single chemical

compound which does not contain any other substance

deliberately added during or after its manufacture. Any added

substance changes the chemical composition to make the

substance a mixture and it ceases to be a pure compound.

However, mere presence of impurities will not make it a

mixture as according to the HSN Explanatory Notes, the term

impurities are only meant for those impurities that are only

borne out of the manufacturing process. Thus, it is argued that

it is not apparent from the Show Cause Notice that any impurity

has been deliberately added during the manufacturing process

or deliberately left behind or in any other manner making it a

mixture.

30. In addition, the Learned Senior Counsel also submitted that the

imported Hexane in the commercially pure form has 63.93%

of n-Hexane and the remaining are other components correctly

classified under unconverted starting materials which are not

deliberately added to the imported product. Thus, the thrust of

Civil Appeal No.569 of 2012 Page 15 of 49

the argument of Learned Senior Counsel was the presence of

impurities did not change the composition of the imported

product as the major component of the compound, i.e., n-

Hexane remained at 63.93%.

31. With regard to the HSN Explanatory Note, the Learned Senior

Counsel submitted that the classification of Hexane under CTH

2901.10 and CETH 2901.90 is also supported by Policy

Circular No.40 (RE-2003)/2002-2007 dated 14.7.2004 issued

by the DGFT wherein it is clearly mentioned that the import of

Hexane will fall under Chapter 29.

32. It was contended and submitted that for a compound to fall

under Chapter 27, more particularly CTH 2710.00 and CETH

2710.12, it must be a Motor Spirit and must satisfy two

conditions, i.e., the flash point has to be below 25°C and that it

must be used as a fuel spark in ignition engines. Merely

because of the boiling point range of the imported good fell in

the range of 63-70°C and that the flash point was less than

25°C, the same cannot be classified under Chapter 27. The

Show Cause Notice has failed to prove that n-Hexane is used

as a fuel in spark ignition engines and is bereft of any details to

the same. It was specifically submitted that the imported

product obtained from the process of fractional distillation

Civil Appeal No.569 of 2012 Page 16 of 49

from petroleum is used as a solvent for vegetable oil, low

temperature thermometer, calibrations, polymerization

reaction medium, paint diluents etc.

33. It was finally submitted that the Commissioner of Appeals as

well as the CESTAT have correctly held that the classification

of n-Hexane was under Chapter 29 and not under Chapter 27.

VII. ISSUES FOR CONSIDERATION BEFORE THIS

COURT

34. Having heard the Learned ASG appearing on behalf of the

Appellant – Revenue and the Learned Senior Counsel

appearing for the Respondent – Assessee and after the perusal

of the entire material on record, we are of the considered view

that the following point arises for our consideration.

“Whether the imported product, “n-Hexane” or

“Exxsol Hexane” is to merit classification under

Chapter 27, i.e., CTH 2710.00 and CETH 2710.12 as

a Petroleum Oil, more particularly Motor Spirit or

under Chapter 29, i.e., CTH 2901.10 and CETH

2901.90 as a Pure Hydrocarbon existing as a

Separate Chemical Compound.”

35. In order to ascertain the true classification of n-Hexane, we

have further formulated various headings which will aid us in

correct classification n-Hexane.

Civil Appeal No.569 of 2012 Page 17 of 49

VIII. ANALYSIS/CONSIDERATIONS BY THIS COURT

IN RE: BASIC CHEMICAL COMPOSITION AND

PROPERTIES OF n-HEXANE

36. Before we venture into the main issue on classification of n-

Hexane, we deem it necessary to set the foundation of the basic

physical and chemical composition and properties of n-

Hexane.

37. A hydrocarbon is a compound consisting of carbon and

hydrogen atoms only. The atoms of the said elements bond

over strong covalent bond by sharing of one or more pairs of

valence electrons to form a suitable stable structure. A

saturated hydrocarbon a compound comprising of only carbon

and hydrogen atoms bonding over single covalent bonds.

Hexane is one such generic term for a hydrocarbon that

consists of six Carbon atoms and fourteen Hydrogen atoms. n-

Hexane, covered under the umbrella of Hexane, is one such

saturated hydrocarbon bearing Chemical Formula C6H14,

most commonly existing in a straight chain structure,

represented by a definitive structural diagram as indicated

below. n-Hexane is a compound that exists in pure form. The

Civil Appeal No.569 of 2012 Page 18 of 49

following is the 3-Dimension structural representation of n-

Hexane

7

.

38. As seen from the pictorial representation, the compound is

linear, acyclic, has 6 carbon atoms (represented by grey balls)

balanced by Hydrogen bonds (white sticks attached the grey

ball). Moving on to the concept of n-Hexane being an isomer,

according to International Union of Pure and Applied

Chemistry (IUPAC), an isomer is “One of several species (or

molecular entities) that have the same atomic composition

(molecular formula) but different line formulae or different

stereochemical formulae and hence different physical and/or

chemical properties”. This means that the number of the

carbon and hydrogen atoms remains the same but the

arrangement of the same differs, giving each separate

7

Hexane | C6H14 | CID 8058 - PubChem - NIH

Civil Appeal No.569 of 2012 Page 19 of 49

compound different physical and/or chemical properties.

While the straight form is n-Hexane or just Hexane, the

branched form of the same makes isomers of n-Hexane.

39. The CESTAT has relied upon the Kirk-Othmer Encyclopedia

to study the physical and chemical properties of n-Hexane.

This Court also deems it appropriate to reproduce and

understand certain concepts of n-Hexane for better

understanding vis-a-vis classification and tariff determination.

The imported product in question as contended by the

Respondent-Assessee is pure commercial hexane and the same

is manufactured through fractional distillation process

petroleum or natural gas. As noted by the encyclopedia and

reiterated by the CESTAT, the impurities cannot be reduced to

nil but hydrogenation can significantly reduce impurities to

make it commercially more viable. Thus, according to Table

10 Hexane A (closest member to n-hexane) has Distillation

initial boiling point of Hexane in degree centigrade is 68.2. The

table also indicates that the impurities such as benzene and

sulfur are less in case of Hexane in the table.

40. Apropos, the detailed discussion on n-Hexane, we note that n-

Hexane is a Saturated Acyclic Hydrocarbon with chemical

formula C6H14, having a Distillation Range (boiling point)

Civil Appeal No.569 of 2012 Page 20 of 49

between 63 to 70°C with flash point at below 25°C as

identically recorded by the SGS Test Report.

IN RE: BURDEN OF PROOF IS GRACED OVER THE

SHOULDERS OF THE REVENUE

41. As rightly declared by the Courts in a catena of judgments, it

is trite law that in matters of classification of goods, the burden

of proof rests on the shoulders of the Revenue. This Court in

Union of India and Ors. v. Garware Nylons Limited

8

observed:

“....The burden of proof is on the taxing authorities

to show that the particular case or item in question is

taxable in the manner claimed by them. Mere

assertion in that regard is of no avail. It has been held

by this Court that there should be material to enter

appropriate finding in that regard and the material

may be either oral or documentary. It is for the taxing

authority to lay evidence in that behalf even before

the first adjudicating authority…”.

Further quoting para 35 of the judgment rendered by this Court in

Dunlop India Ltd. v. Union of India

9

:

“...When an article has, by all standards, a

reasonable claim to be classified under an

enumerated item in the Tariff Schedule, it will be

8

(1996) 10 SCC 413

9

(1976) 2 SCC 241

Civil Appeal No.569 of 2012 Page 21 of 49

against the very principle of classification to deny it

the parentage and consign it to an orphanage of the

residuary clause.”

42. Most recently, this court in Gastrade International v.

Commissioner of Customs

10

at para 45 observes:

“There cannot be any dispute to the proposition of

law as noted by the High Court that the burden of

proof as regards the classification of any goods of

importation is upon the Revenue/Customs authority

and the standard of proof in proceedings under the

Tariff Act is not “beyond reasonable doubt”.

However, whether “preponderance of probability”

can be the appropriate test for classification under

the Customs Act would be required to be examined in

the light of the “General Rules for the interpretation

of this Schedule” as provided in the First Schedule –

Import Tariff in Part 2 of the Tariff Act (hereinafter

referred to as the “Rules”)”

43. Once we have established that the burden of proof is to be

discharged by the Appellant - Revenue and that the test is of

preponderance of probability, we now advert to the next limb

of arguments raised by the parties, i.e., on the application and

interpretation of HSN Explanatory Notes.

10

(2025) 8 SCC 342

Civil Appeal No.569 of 2012 Page 22 of 49

IN RE: ON HSN EXPLANATORY NOTE AND GENERAL

RULES OF INTERPRETATION

44. The introduction of Harmonized System of Nomenclature

(HSN) Notes marks a significant advancement in the uniform

classification of goods for taxation and trade purposes.

Developed under the framework of the World Customs

Organization, HSN provides a standardized system that

ensures consistency and clarity in the identification of goods

across jurisdictions. The explanatory notes accompanying the

HSN serve as an essential interpretative guide, aiding

authorities, courts, and taxpayers in understanding the scope

and ambit of tariff entries. Their importance lies in minimizing

ambiguity and reducing disputes arising from divergent

interpretations of product classifications. By offering detailed

descriptions and illustrative guidance, HSN Notes facilitate a

more predictable and transparent tax regime. They also

promote international harmonization, thereby easing cross-

border trade and compliance. In the context of adjudication,

reliance on HSN Notes has been recognized as a valuable tool

in resolving classification issues. Consequently, their adoption

strengthens legal certainty and enhances the efficiency of tax

administration.

Civil Appeal No.569 of 2012 Page 23 of 49

45. The World Customs Organization aimed at enhancing the

effectiveness and efficiently of the Customs Administrations

has provided 6 General Rules for the Interpretation of the

Harmonized System and more particularly, Rule 3(a) speaks

“When by application of Rule 2 (b) or for any other

reason, goods are, prima facie, classifiable under two

or more headings, classification shall be effected as

follows :

a) The heading which provides the most specific

description shall be preferred to headings providing

a more general description. However, when two or

more headings each refer to part only of the materials

or substances contained in mixed or composite goods

or to part only of the items in a set put up for retail

sale, those headings are to be regarded as equally

specific in relation to those goods, even if one of them

gives a more complete or precise description of the

goods.”

(emphasis supplied)

46. The principle enunciated from the above extraction is that a

specific heading is preferred over a general heading. The same

has been dealt with this Court wherein the rule of specific over

general has gained judicial stamp.

47. Primarily, the controversy involved in the present matter is

whether n-Hexane is to be classified under Chapter 27 or under

Chapter 29 which attracted the contours of Rule 3(a) of the

Civil Appeal No.569 of 2012 Page 24 of 49

General Rules of Interpretation which specifically states that

the heading which provides for the most specific description

shall be preferred to headings providing a more general

description. The Rule makes it clear that if any good is

classifiable under two headings, the one that is most specific

shall be preferred over the one which is general. For applying

the said Rule, we deem it appropriate to critically examine

Chapter 27 as well as Chapter 29 of the HSN Explanatory

Notes in comparison to that of the Customs Tariff and Central

Excise Tariff Headings.

48. The contention of the Appellant-Revenue that since the boiling

point of the imported good is between 63 - 70°C and since the

flash point is below 25°C, it must be classified as a Petroleum

oil to be used in spark ignition engine under Chapter 27 is

vehemently rebutted by the Respondent-Assessee by

categorically referring to the point that Hexane is a separate

chemically defined compound existing in pure commercial

form as defined under Chapter 29. Thus, under such

circumstances, it is necessary to investigate the rival

contentions by seeking aid from the HSN Notes to ascertain the

Chapter under which the n-Hexane has to be classified.

Civil Appeal No.569 of 2012 Page 25 of 49

49. As it was specifically contended by the Appellant-Revenue that

HSN Explanatory Notes are to be resorted only when there is

ambiguity, this Court considers it appropriate to examine the

same in the light of the interpretation and guiding value of the

Notes.

50. This Court has already dealt with the scope of HSN

Explanatory notes and has observed that any dispute related to

tariff classification can be resolved with the aid of HSN

Explanatory Notes which also forms the basis for Central

Excise Tariff Act, 1985 and Customs Tariff Act, 1962. Once

the expression used in the Notes is in the same context as that

of the Tariff Acts, it is safe to import the meaning directly from

the HSN Notes and the explanation thereto.

51. The same has already been discussed in the case of Collector

of Customs, Bombay v. Business Forms Ltd (supra) which

relied upon CCE v. Wood Craft Products

11

at Para 18 wherein

it came to be held:

“...any dispute relating to tariff classification, a safe

guide is the internationally accepted nomenclature

emerging from the HSN. This being the expressly

acknowledged basis of the structure of central excise

tariff in the Act and the tariff classification made

therein, in case of any doubt the HSN is a safe guide

11

(1995) 3 SCC 454

Civil Appeal No.569 of 2012 Page 26 of 49

for ascertaining the true meaning of any expression

used in the Act.”

52. As it is clearly stated that HSN Notes are used to shed light on

the issue of the Classification, we now deem it appropriate to

peruse Chapters 27 and 29 under the HSN Explanatory Notes

to that of Customs Tariff Act and Central Excise Tariff Act for

better understanding and for the sake of convenience, the HSN

notes of both heading in comparison with both Acts are

enumerated herein below:

HSN EXPLANATORY

NOTES

CHAPTER 27

CUSTOMS TARIFF

ACT

CHAPTER 27

CENTRAL EXCISE

TARIFF ACT

CHAPTER 27

Mineral fuels, mineral oils

and products of their

distillation; bituminous

substances; mineral waxes

Chapter Notes.

1. This Chapter does not

cover:

(a) Separate chemically

defined organic

compounds, other than

pure methane and propane

which are to be classified in

heading No. 27.11;

Mineral Fuels, mineral oils

and products of their

distillation; bituminous

substances; mineral waxes.

Notes:

1. This Chapter does not

cover:

(a) Separately chemically

defined organic

compounds, other than

pure methane and propane

which are to be classified in

heading No. 21.11

(b) Medicaments of heading

No. 30.03 or 30.04; or

Mineral Fuels, mineral oils

and products of their

distillation; bituminous

substances; mineral waxes.

Notes:

3. This Chapter does not cover:

(d) Separately chemically

defined organic compounds,

other than pure methane and

propane which are to be

classified in heading No.

21.11

(e) Medicaments of Chapter 30

(f) Mixed Unsaturated

Hydrocarbons of Chapter 33

to 38

Civil Appeal No.569 of 2012 Page 27 of 49

(b) Medicaments of

heading No. 30.03 or

30.04; or

(c) Mixed unsaturated

hydrocarbons of heading

No. 33.01, 33.02 or 38.05.

2. References in heading No.

27.10 to "petroleum oils

and oils obtained from

bituminous minerals

include not only petroleum

oils and oils obtained from

bituminous minerals but

also similar oils, as well as

those consisting mainly of

mixed unsaturated

hydrocarbons, obtained by

any process, provided that

the weight of the non-

aromatic constituents

exceeds that of the

aromatic constituents.

:

:

:

GENERAL

The Chapter covers,

covers, in general, coal and

other natural mineral fuels,

petroleum oils and oils

obtained from bituminous

minerals, their distillation

products, and products of a

similar kind obtained by

any other process. It also

(c) Mixed Unsaturated

Hydrocarbons of heading

No. 33.01, 33.02 or 38.05.

2. References in heading No.

27.10 to ‘Petroleum oils

and oils obtained from

bituminous minerals’

include not only petroleum

oils and oils obtained from

bituminous minerals but

also similar oils, as well as

those consisting mainly of

unsaturated hydrocarbons,

obtained by any process,

provided that the weight of

the non -aromatic

constituents exceeds that of

the aromatic constituents.

27.10

2710.00 Petroleum oils and

oils obtained from

bituminous minerals, other

than crude; Preparations

not else-where specified or

included, containing by

weight 70% or more of

petroleum oils or of oils

obtained from bituminous

minerals, these oils being

the basic constituents of the

preparations

4. References in heading No,.

27.10 to ‘Petroleum oils and

oils obtained from

bituminous minerals’

include not only petroleum

oils and oils obtained from

bituminous minerals but also

similar oils, as well as those

consisting mainly of

unsaturated hydrocarbons,

obtained by any process,

provided that the weight of

the non -aromatic

constituents exceeds that of

the aromatic constituents.

:

:

4.’Flash Point’ shall be

determined in accordance

with the tests prescribed in

the rules made in the

Petroleum Act, 1934.

27.10 Petroleum oils and

oils obtained from

bituminous minerals, other

than crude; Preparations not

else-where specified or

included, containing by

weight 70% or more of

petroleum oils or of oils

obtained from bituminous

minerals, these oils being the

basic constituents of the

preparations

- Motor spirit, that is to say,

any hydrocarbon oil

Civil Appeal No.569 of 2012 Page 28 of 49

covers mineral waxes and

natural bituminous

substances. Goods of this

Chapter may be crude or

refined; however, with the

exception of methane and

propane, when they are

separate chemically

defined organic

compounds in the pure or

commercially pure state,

they are to be classified in

Chapter 29. 29. For certain

of these compounds (e.g.,

ethane, benzene, phenol,

pyridine) there are specific

purity criteria indicated in

Explanatory Notes 29.01.

29.07 and 29.33. Methane

and propane are classified

in heading 27.11, even

when pure.

:

:

27.10- Petroleum oils and

oils obtained from

bituminous minerals, other

than crude; preparations

not elsewhere specified or

included, containing by

weight 70% or more of

petroleum oils or of oils

obtained from bituminous

minerals, these oils being

the basic constituents of the

preparations.

(excluding crude mineral oil)

which has its flash point

below 25 °C and which

either by itself or in an

admixture with any other

substance, is suitable for use

as spark ignition engines:

2710.11 – Special Boiling

point spirits (other than

Benzene -toluol) with

nominal boiling range 55-

115°C

2710.12 - Special Boiling

point spirits (other than

Benzene, Benzol, Toluene

and Toluol) with nominal

boiling range 63-70°C

2710.13 – other special

boiling spirits (other than

Benzene, Benzol, Toluene

and Toluol)

2710.14 – Naphtha

2710.15 – Natural Gasoline

Liquid

2710.19 – other

2710.90 – other

Civil Appeal No.569 of 2012 Page 29 of 49

The products covered by

this heading are those

which have undergone any

process other than those

specified in the

Explanatory Note to

heading 27.09.

The heading includes:

(A) "Topped crudes" (where

certain lighter fractions

have been removed by

distillation), as well as

light, medium and heavy

oils obtained in more or

less broad fractions by the

distillation or refining of

crude petroleum oils or of

crude oils obtained from

bituminous minerals.

These oils, which are more

or less liquid or semi-solid,

consist predominantly of

non-aromatic

hydrocarbons such as

paraffinic, cyclanic

(naphthenic).

They include:

(1) Petroleum spirit.

(2) White spirit.

(3) Kerosene.

(4) Gas-oils.

(5) Fuel oils.

(6) Spindle-oils and

lubricating oils.

(7) White oils.

Civil Appeal No.569 of 2012 Page 30 of 49

The heading covers

fractions as described

above, even if they have

been further treated to

eliminate impurities (e.g.,

treatment with acids or

alkalis, with selective

solvents, with zinc

chloride, with absorbent

earths, etc., or by re-

distillation), provided this

treatment does not produce

separate chemically

defined compounds in a

pure or commercially pure

state (Chapter 29).

HSN EXPLANATORY

NOTES

CHAPTER 29

CUSTOMS TARIFF ACT

CHAPTER 29

CENTRAL EXCISE

TARIFF ACT

CHAPTER 29

ORGANIC CHEMICALS

Chapter Notes.

1.- Except where the

context otherwise requires,

the headings of this

Chapter apply only to:

(a) Separate chemically

defined organic

compounds, whether or

Organic Chemicals

Notes:

1. Except where the

context otherwise

requires, the headings

of this Chapter apply

only to:

(a) Separate chemically

defined organic

compound, whether

or not containing

impurities;

(b) Mixtures of two or

more isomers of the

same organic

Organic Chemicals

Notes:

1. Except where the

context otherwise

requires, the headings

of this Chapter apply

only to:

(a) Separate chemically

defined organic

compound, whether

or not containing

impurities;

(b) Mixtures of two or

more isomers of the

Civil Appeal No.569 of 2012 Page 31 of 49

not containing

impurities;

(b) Mixtures of two or

more isomers of the same

organic compound

(whether or not containing

impurities), except

mixtures of acyclic

hydrocarbon isomers

(other than stereoisomers),

whether or not saturated

(Chapter 27);

:

:

GENERAL

As a general rule, this

Chapter is restricted to

separate chemically

defined compounds,

subject to the provisions of

Note I to the Chapter.

(A) Chemically defined

compounds

(Chapter Note 1)

A separate chemically

defined compound is a

compound (whether

or not containing

impurities), except

mixtures of acyclic

hydrocarbon isomers,

(other than stereo

isomers), whether or

not saturated

(Chapter 27)

:

:

:

I. Hydrocarbons and

their Halogenated,

Sulphonated,

Nitrated or

Nitrosated

Derivatives.

29.01 Acyclic

Hydrocarbons

2901.10 – Saturated

– Unsaturated

2901.21 – Ethylene

2901.22 – Propene

(propylene)

2901.23 – Butene (butylene)

and isomers thereof

2901.24 – Buta-1,3-diene and

isomers thereof

2901.29 – Other

same organic

compound (whether or

not containing

impurities), except

mixtures of acyclic

hydrocarbon isomers,

(other than stereo

isomers), whether or

not saturated (Chapter

27)

I. Hydrocarbons and

their Halogenated,

Sulphonated, Nitrated

or Nitrosated

Derivatives.

29.01 Acyclic Hydrocarbons

2901.10 – Acetylene (whether

in dissolved condition or not)

– Unsaturated

2901. 90 – other

Civil Appeal No.569 of 2012 Page 32 of 49

single chemical compound

of known structure, which

does not contain other

substances deliberately

added during or after its

manufacture (including

purification). Accordingly,

a product consisting of

saccharin mixed with

lactose, for example, to

render the product suitable

for use as a sweetening

agent is excluded from this

Chapter (see Explanatory

Note to heading 29.25).

A separate chemical

defined compounds of this

Chapter may contain

impurities

(Note 1 (a)). An exception

to this rule is created by the

wording of heading 29.40

which, with The separate

chemically defined

compounds of this Chapter

may contain impurities

regard to sugars, restricts

the scope of the heading to

chemically pure sugars.

Civil Appeal No.569 of 2012 Page 33 of 49

The term " impurities"

applies exclusively to

substances whose presence

in the single chemical

compound results solely

and and directly from the

manufacturing process

(including purification).

These substances may

result from any of the

factors involved in the

process and are principally

the following:

(a) Unconverted starting

materials.

(b) Impurities present in the

starting materials.

(c) Reagents used in the

manufacturing process

(including purification).

(d) By-products.

It should be noted,

however, that such

substances are not in all

cases regarded as"

impurities" permitted

under Note 1 (a). When

such substances are

Civil Appeal No.569 of 2012 Page 34 of 49

deliberately left in the

product with a view to

rendering it particularly

suitable for specific use

rather than for general use,

they are not regarded as

permissible impurities. For

example, a product

consisting of methyl

acetate with methanol

deliberately left in with a

view to improving its

suitability as a solvent is

excluded (heading 38.14).

For certain compounds

(e.g.. ethane, benzene,

phenol, pyridine), there are

specific purity criteria,

indicated in Explanatory

Notes to headings 29.01.

29.02, 29.07 and 29.33.

This Chapter further

includes, whether or not

they contain impurities,

mixtures of isomers of the

same organic compound.

This provision applies only

to mixtures of compounds

having the same chemical

function (or functions) and

which either coexist in their

natural form or are

Civil Appeal No.569 of 2012 Page 35 of 49

obtained simultaneously in

the course of the same

synthesis. Mixtures of

acyclic hydrocarbon

isomers (other than

stereoisomers), whether or

not saturated, are, however,

excluded (Chapter 27).

53. Sub Chapter 29.01 of Chapter 29 of the HSN Explanatory

Notes clearly identifying Hexane under Chapter 29 is

reproduced below:

I - 29.01,

SUB-CHAPTER I

HYDROCARBONS AND THEIR HALOGENATED,

SULPHONATED, NITRATED OR NITROSATED

DERIVATIVES

29.01 - ACYCLIC HYDROCARBONS.

2901.10 – Saturated

- Unsaturated :

2901.21 -- Ethylene

2901.22 -- Propene (propylene)

2901.23 -- Butene (butylene) and isomers thereof

2901.24 -- Buta-1,3-diene and isoprene

2901.29 -- Other

Civil Appeal No.569 of 2012 Page 36 of 49

Acyclic hydrocarbons are compounds containing only

carbon and hydrogen which have no rings in their structure.

They can be classified in two categories :

(A) Saturated acyclic hydrocarbons.

(B) Unsaturated acyclic hydrocarbons.

(A) SATURATED ACYCLIC HYDROCARBONS

These form a homologous series which may be

represented by the general formula (CₙH₂ₙ₊₂). They occur

abundantly in nature and are the main components of

petroleum oils.

The basic hydrocarbon is methane(CH₄), with one atom

of carbon. Methane and also propane (C₃H₈) with three atoms

of carbon are, however, classified in heading 27.11 even if

they are pure.

The saturated acyclic hydrocarbons of this heading include:

(1) Ethane (C₂H₆) with two atoms of carbon.

To be classified in this heading, ethane must have a purity

of 95 % or more by volume. Ethane of lower purity is

excluded (heading 27.11).

(2) Butanes (C₄H₁₀), with four atoms of carbon.

(3) Pentanes, with five atoms of carbon.

(4) Hexanes, with six atoms of carbon.

(5) Heptanes, with seven atoms of carbon.

(6) Octanes, with eight atoms of carbon.

(7) Nonanes, with nine atoms of carbon.

(8) Decanes, with ten atoms of carbon.

(9) Pentadecanes, with fifteen atoms of carbon.

(10) Triacontanes, with thirty atoms of carbon.

(11) Hexacontanes, with sixty atoms of carbon.

These saturated hydrocarbons are all insoluble in water. At

normal temperature and pressure, such hydrocarbons

containing up to four atoms of carbon are gaseous; those

Civil Appeal No.569 of 2012 Page 37 of 49

containing five to fifteen atoms of carbon are liquid;

hydrocarbons with a greater number of carbon atoms are

generally solid.”

54. Notably, Chapter 27 and 29 of HSN Explanatory Notes and

Chapter 27 and 29 of the Customs Tariff Act and Central

Excise Tariff Act are respectively pari materia leaving little or

no room for doubt. Chapter 29 of the HSN Notes at Sub-

Heading 2901.10 contains 2 broad classifications of Acyclic

Hydrocarbons - Saturated and Unsaturated. On reading further,

it is categorically mentioned that Hexane is a Saturated

Hydrocarbon which is acyclic (linear) in structure containing 6

atoms of Carbon with hydrogen bond. Similarly, Chapter 29 of

the Customs Tariff Act mentions Acyclic Saturated

Hydrocarbons as classified under Sub Heading 2901.10.

55. On plain reading, it is clear that the tenor of Chapter 27 of the

HSN Explanatory Note is confined to petroleum oils and oils

obtained from bituminous minerals other than crude oil. As per

Kirk-Othmer Encyclopedia for Chemical Technology, Hexane

or n-Hexane is obtained through fractional distillation of

petroleum. The CESTAT vide the impugned order relied on

Table 10 found in the Encyclopedia (supra) and observed that

the Distillation was 68.3°C and the flash point of was below

Civil Appeal No.569 of 2012 Page 38 of 49

25°C. Further, it is also mentioned that n-Hexane is used as a

solvent in industries. The Chemical report submitted by SGS

Analytical Report records Distillation Range of n-Hexane is at

67.2°C. Going by the chemical characteristic and mannerisms

of n-Hexane and its physical and chemical properties, one will

be compelled to accept and admit that the classification ought

to be done under Chapter 27 but we are inclined to critically

examine Chapter 29.

56. For a product to fall under Chapter 27, more particularly under

the CETH 2710.12 as a Motor Spirit, the Supplementary notes

to Chapter 27 provide that a Motor Spirit is “any hydrocarbon

oil (excluding crude mineral oil) which has its flashpoint below

25°C and which either by itself or in admixture with any other

substance, is suitable for use as fuel in spark ignition engines”.

Hence, for a product to be classified as a Motor Spirit, it ought

to fulfil 3 conditions, viz, it should be a hydrocarbon oil, have

a flash point of below 25°C and it ought to be shown that the

product is used as a fuel in spark ignition engines either by

itself or in admixture with any other substance.

Civil Appeal No.569 of 2012 Page 39 of 49

57. This Court in CCE v. GAIL (India)

12

held as under at Para 11

and Para 12 -

“It is evident from the rival contentions, that the

competing entries are “other” “motor spirits”- urged

by the Revenue (TI 2710.11.19) whereas the other

entry is “2710 19 90 --- Other”. Now, since both

tariff entries fall within Chapter 2710, the chapter

notes are an internal guide to their interpretation.

Supplementary note (a), therefore holds the key to

interpretation; it states that “motor spirit” means

any hydrocarbon oil (excluding crude mineral oil)

which has its flash point below 25°C and which either

by itself or in admixture with any other substance, is

suitable for use as fuel in spark ignition

engines.” Therefore, any product, to qualify under

the broad rubric of “motor spirit” should be

(a) a hydrocarbon oil excluding crude mineral oil;

(b) which has a flash point below 25°C and

(c) which by itself, or in admixture with any other

substance, is suitable for use as a fuel in spark

ignition engines.

12. A plain reading of the note would reveal that all

the ingredients have to be satisfied. It is not sufficient

if the product is a hydrocarbon oil or that it has a

flash point below 25°C; it should qualify both

conditions, and also fulfil the last condition that by

itself, or in admixture with any other

substance should be suitable for use as fuel in spark

ignition engines. It is crucial that the admixture

should be with any other substance. The use of the

term “other” is significant because it is meant to

exclude the reference to a class of oils, i.e.,

hydrocarbon oil.”

12

2022 SCC OnLine SC 2130

Civil Appeal No.569 of 2012 Page 40 of 49

58. On examining the conditions, we find that the Appellant-

Revenue has failed to discharge its duty to prove that the

imported product is a Motor Spirit. Apart from contending that

the flash point of n-hexane is below 25°C, nothing has been

placed on record to conclusively arrive at a finding that n-

hexane imported by Respondent-Assessee was used as Motor

Spirit which is suitable for use as fuel in spark ignition engines.

The SGS Chemical Test report only records that the flash point

of n-Hexane is below 25°C but as already discussed supra, it

was the bounden duty of the Appellant-Revenue to provide

cogent evidence to indicate the use of the imported product as

a Motor Spirit. Per contra, it is the contention of the

Respondent – Assessee that n-hexane is used as a solvent for

extraction of vegetable oils, manufacture of HDPE etc. We find

merit in the contentions of the Respondent – Assessee that

mere emphasis on the flash point being below 25°C will not

render the imported product to be placed under Chapter 27,

especially in the teeth of the judgment of this Court mandating

sufficient satisfaction of all the 3 conditions. Thus, the

contention the Appellant –Revenue is sans cogent evidence to

show that the imported substance is a Motor Spirit.

Civil Appeal No.569 of 2012 Page 41 of 49

59. Chapter Note 1 to Chapter 29 under HSN Explanatory Notes

defines a “Separate Chemically Defined Compound” as “a

substance consisting of one molecule species whose

composition is defined by a constant ratio of elements and can

be represented by a definitive structural diagram.” The trigger

for a compound for it to be a Separate Chemical Compound

arises only when the said two criteria are satisfied, i.e., its

composition must be defined by a constant ratio of elements

and that it can be represented by a definitive structural diagram.

As already depicted above, although the chemical formula of

n-Hexane is C6H14 and so do the isomers of n-Hexane have

the same chemical composition, the structural diagram of n-

Hexane makes it fully differentiable from that of its isomers.

The words included under Chapter 29 specifically state

‘definitive structural diagram’ meaning thereby that it is the

structural formation of bonds of carbon and hydrogen that give

it a unique structure making it a separate chemical compound.

Civil Appeal No.569 of 2012 Page 42 of 49

60. The above picture is a structural representation of the 5 isomers

of Hexane. Pertinently, all the isomers of Hexane have C6H14

as molecular composition but differ in the arrangement of the

carbon and hydrogen atoms. This phenomenon is called

isomerism. In simple words, isomers are compounds that have

the same number of building blocks but by assembling them in

different ways, many distinct compounds exhibiting distinct

physical and chemical properties would emerge. As seen from

the diagram reproduced above, except n-Hexane, the other

isomers of hexane are branched. In the instant case, the

imported product is n-Hexane which has a linear definitive

structure unlike the other four isomers of Hexane thereby

displaying notably different physical and chemical properties.

Civil Appeal No.569 of 2012 Page 43 of 49

61. Now that we have observed that n-Hexane has constant ratio of

elements, i.e., C6H14 and that it is also has a definitive

structural diagram, it satisfies the conditions to be classified

under Chapter 29 as a separately defined chemical compound.

62. However, a single chemical compound may also have several

impurities. As contended by the Learned ASG for the

Appellant-Revenue, the presence of impurities makes n-

Hexane a mixture of isomer which is specifically excluded

from Chapter 29 and is to be placed under Chapter 27. The term

impurities under Chapter Note 1 of Chapter 29 are acquired by

the compound from 4 factors during or after manufacturing

process, namely, (1) unconverted starting materials, (2)

impurities present in the starting materials (3) reagents used in

the manufacturing process and (4) by products.

63. The imported product is obtained by way of fractional

distillation of petroleum and no other substance is deliberately

left behind or added to the single compound to make it suitable

for specific use. As such from Table 10 of the Kirk Othmer

Encyclopedia, the impurities in n-Hexane are other isomers of

Hexane along with sulfur, chlorine etc. which are of negligent

percentage and thus do not suppress the characteristic of n-

Hexane and its presence. Thus, while it is contended by the

Civil Appeal No.569 of 2012 Page 44 of 49

Appellant-Revenue that the imported product suffers from

impurities and is not a pure compound, the extent of other

compounds, i.e., 2,3 Dimethylbutane (0.05%), 2-Methyl

Pentane (3.48%), 3-Methyl Pentane (9.38%), Methyl

cyclopentane (19.3%), Cyclohexane (0.78%), Benzene

(2.81%) and Dimethyl pentane (0.16%) are the unconverted

starting materials, which are not deliberately added during

manufacturing process nor deliberately left to render the

product suitable for specific use. As per the SGS Chemical

Analysis Report, the percentage of n-Hexane is 63.93% with

other impurities standing at a lesser rate than n-Hexane. As

rightly observed by CESTAT, the percentage of n-Hexane in

the SGS Test Report is congruent to the recordings under Table

10 of the Kirk-Othmer Encyclopedia and the same remains

undisputed.

IN RE: CLASSIFICATION OF HEXANE UNDER CHAPTER

29 AS CLARIFIED BY THE DGFT IN THE POLICY

CIRCULAR

64. On perusal of the Policy Circular No. 40(RE-2003)/2002-2007

dated 14.07.2004, it is seen that clarifications were sought as

to the import of Hexane covered under Chapter 29 of ITC (HS)

Civil Appeal No.569 of 2012 Page 45 of 49

Classification wherein the DGFT clarified that import of

Hexane is covered under Chapter 29 of the ITC (HS)

Classifications of Export and Import Items, 2002-07.

65. This Court in Atul Commodities Private Limited v.

Commissioner of Customs

13

had held that according to Para

2.3 of the Foreign Trade Policy regarding classification of

items in the ITC (HS) (2002) had observed that any doubt with

respect to the classification of any item under the ITC (HS)

shall be referred to the DGFT whose decision shall be final and

binding. In view of the same, the binding decision of the DGFT

has clearly enunciated that the import of Hexane shall fall

within the contours of Chapter 29.

66. Thus, the merits of classification of Hexane under Chapter 29

of the Customs Tariff Act was already clarified by the DGFT

and the same bound the authorities. The instant appeals sought

by the Appellant-Revenue ought to be dismissed by placing

reliance on this Policy Circular dated 14.07.2004 alone.

13

(2009) 5 SCC 46

Civil Appeal No.569 of 2012 Page 46 of 49

IN RE: REVENUE INVOLVED IN CLASSIFICATION OF

GOODS

67. The Indian Trade Classification (Harmonized System) (‘ITC

(HS)’) provides identity to various products imported into the

country. This country has adopted the Indian trade

Classification which is also based upon and is an extended

version of the internationally recognised Harmonized System

Notes or the HSN Notes.

68. Much stress has been supplied on the correct classification of

goods by the Customs authority. A wrong classification attracts

enhanced or reduced percentage of duty; payment of hefty

penalties or even wrong applications of the Circulars issued

from time to time. When things stand thus, it is for the

Appellant-Revenue to pay close attention to the duty imposed

along with directions/circulars issued in respect of the same.

69. The percentage of duty payable under Chapter 27 of the

Customs Tariff Act is higher than what is prescribed under

Chapter 29. The stark difference in the duty payable under the

two chapters evidently spills the reasons for such a

classification. The products under Chapter 27 are minerals and

in the instant matter as argued by the Appellant- Revenue, are

Civil Appeal No.569 of 2012 Page 47 of 49

derivatives of petroleum products. However, a derivative

taking the shape of an organic compound is placed under

Chapter 29 and is severed from Chapter 27 on the specific

reason that certain products exist separately after garnering

unique structural representation. Thus, n-Hexane is rightly

classifiable under Chapter 29, more particularly under CTH

2901.10 and CETH 2901.90.

70. While various factors are considered for classification a

misclassification may cost heavy burden on the Revenue as

well as the Assessee. No person or authority may be afflicted

with a burden that will defeat the contours and objective of the

provisions.

IX. CONCLUSION

71. Hence, after thorough examination of the issue involved, we

conclude with the findings as mentioned under -

a) Initial burden of proof is not discharged by the Appellant-

Revenue – The only contention raised by the Appellant-

Revenue was that the Distillation range (boiling point)

was between 63°C to 70°C and flash point was below

25°C. No oral or documentary evidence was led to

Civil Appeal No.569 of 2012 Page 48 of 49

support the submission that the imported good is a Motor

Spirit as under the essentials laid down under Chapter 27.

b) The application of Rule 3(a) of the General Rules of

Interpretation of the HSN Notes, clearly applies to the

present matter – HSN Notes guides Customs Tariff and

tariff determination. In light of the same, the specific

mention of Hexane under Chapter 29 of the HSN Notes

clearly defines and places Hexane under Chapter 29 as it

exists as a separate chemically defined compound

exhibiting distinct chemical and physical properties.

c) Since the burden has not been discharged by the Revenue,

on examination of Chapter 29 of the Customs Tariff,

significantly, n-Hexane is a saturated acyclic hydrocarbon

existing as a separate chemical compound in pure

commercial form. Further, no other substance is

deliberately added during or after the manufacturing

process or deliberately left behind to classify it as a

mixture with impurities.

d) Emphasis is supplied on Policy Circular dated 14.07.2004

issued by the DGFT wherein it is categorically clarified

that the import of Hexane falls under Chapter 29 of the

Customs Tariff Act.

Civil Appeal No.569 of 2012 Page 49 of 49

e) The Appellant-Revenue cannot be unjustly enriched due

to wrong classification of products which is prima facie

also against the classification of the same product under

HSN Notes. The Revenue implications in matters such as

these are far and wide having significant impact on the

Exim status of the nation.

72. Since the primary contentions and issues raised in this matter

is one pertaining to the classification of n-Hexane, the issues

are dealt accordingly and the appeal of the Appellant-Revenue

stands dismissed in view of the above reasoning and the order

of CESTAT dated 15.07.2011 stands affirmed.

73. Pending applications, if any, stands disposed of.

...................................................J.

[ARAVIND KUMAR ]

.....................................................J.

[PRASANNA B. VARALE]

NEW DELHI;

MAY 25

th

, 2026.

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