Page 144 - GSTL_6th August 2020_Vol 39_Part 1
P. 144

70                            GST LAW TIMES                      [ Vol. 39
                                     From the above it is clear that, Further, CTH 8539 LED lamps which consist of a
                                     glass or plastic envelope, LEDs, circular to convert ac-dc AND A BASE. Howev-
                                     er, such lamps classifiable under CTH  8539 would need  a lamp holder which
                                     would have the necessary pins/conductors to transmit power from the source to
                                     the lamp. In short, such LED lamps need separate “fixtures’ to be able to func-
                                     tion. As per Explanatory Notes, Chapter 85 does not cover goods which can be
                                     used independently but covers those which are designed to be used as compo-
                                     nents in electrical equipment. In the instant case, the products can be used inde-
                                     pendents as they are integrated LED where the LED lamp is integrated into the
                                     fixtures. Accordingly, they are not classifiable under Chapter 85 or 8539.
                                            CTH 9405 :

                                             9405      LAMPS AND LIGHTING FITTINGS INCLUDING
                                                       SEARCHLIGHTS AND  SPOTLIGHTS AND PARTS
                                                       THEREOF,     NOT    ELSEWHERE     SPECIFIED    OR
                                                       INCLUDED; ILLUMINATED SIGNS, ILLUMINATED
                                                       NAME-PLATES      AND    THE   LIKE,   HAVING     A
                                                       PERMANENTLY FIXED LIGHT SOURCE, AND PARTS
                                                       THEREOF NOT ELSEWHERE SPECIFIED OR INCLUDED
                                             9405 10   -  Chandeliers and other electric  ceiling or wall lighting fittings,
                                                          excluding those of a kind used for lighting public open spaces or
                                                          thorough fares :
                                             9405 10 10   ---  Hanging lamps, complete fittings
                                             9405 10 20   ---  Wall lamps
                                             9405 10 90   ---  Other
                                             9405 20   -  Electric table, desk, bedside or floor-standing lamps :
                                             9405 20 10   ---  Table lamps, complete fittings
                                             9405 20 90   ---  Other
                                             9405 30 00   -  Lighting sets of a kind used for Christmas trees
                                             9405 40   -  Other electric lamps and lighting fittings :
                                             9405 40-10   ---  Searchlights and sportlights
                                             9405 40 90   ---  Other
                                             9405 50   -  Non-electrical lamps and lighting fittings :
                                             9405 50 10   ---  Hurricane lanterns

                                     The chapter note states as follows :
                                                                    SECTION XX
                                                    MISCELLANEOUS MANUFACTURED ARTICLES
                                                                     Chatter 94
                                             Furniture; bedding, mattresses, mattress supports, cushions and similar
                                             stuffed furnishing; lamps and lighting fittings, not elsewhere specified
                                              or included; illuminated signs, illuminated name-plates and the like;
                                                                prefabricated building
                                            Notes :
                                                  I.  This Chapter does not cover :
                                                      (f)  lamps and lighting fittings of Chapter 85;
                                                          GST LAW TIMES      6th August 2020      144
   139   140   141   142   143   144   145   146   147   148   149