Chapter 27 - Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

Notes
  1. This Chapter does not cover:
    1. separate chemically dellned organic compounds other thanpure methane and propane which are to clasified in heading 2711;
    2. medicaments of heading 3003 or 3004;
    3. mixed unsaturated hydrocarbons of heading 3301, 3302 or 3805.
  2. References in beading 2710 to `petroleum oils and oils obtained from bituminous minerals` include not only petroleum oils and oils obtained from bituminous minerals but also similar oil as well as those consistings mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that weight of the non aromnatic constitutes exceeds that oft to aromnatic constitutes

  3. However. the references do not include liquid synthetic of olefins of which less. than 60% by volume distil, at 3000°C, after conversion to 1013 millibars when a reduced pressure di. distillation method is used (Chapter 16)
  4. For the purposes of heading 2710, "waste oils" means waste containing mainly petroleum oiTlshand oils ohtainos from bituminousminerals (as described in Note 2 to this Chapter), whether or not mixed with water. These include:
    1. such oils no longer tit for use as primary products (for example, used lubricating oils, used hydraulic oils and used transformer oils):
    2. sludge oils from the storage tanks of petroleum oils, mainly containing such oils and high concentration ofadditives (for example, chemicals) used in the manufacture of the primary products; and
    3. such oils in the form of emulsions in water or mixtures with water, such as those resulting from oil spills, storage tank washings, or from the use of cutting oils for machining operations.
GST Rates of Goods
Chapter HeadingDescriptionRate of GSTScheduleSr.No
27Bio-gas5%I157
2701Coal; briquettes, ovoids and similar solid fuels manufactured from coal18%III158
2702Lignite, whether or not agglomerated, excluding jet18%III159
2703Peat (including peat litter), whether or not agglomerated18%III160
2704Coke and semi coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon5%I161
2705Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons5%I162
2706Tar distilled from coal, from lignite or from peat5%I163
2707 Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, such as Benzole (benzene), Toluole (toluene), Xylole (xylenes),Naphthelene.18%III31
2708Pitch and pitch coke, obtained from coal to other mineral tars18%III32
2710Kerosene PDS5%I24
2711Petroleum gases and other gaseous hydrocarbons, such as Propane,Butanes, Ethylene, propylene, butylene and butadiene [Other than Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers or to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited]18%III34
2712Petroleum jelly; paraffin wax, micro-crystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes,and similar products obtained by synthesis or by other processes,whether or not coloured18%III35
2713Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals18%III36
2714Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks18%III37
2715Bituminous mixtures based on natural asphalt, on natural bitumen,on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)18%III38
2706Tar distilled from other mineral tars, whether or not dehydrated or partially distilled, including reconstituted tars18%III30A<sup>1</sup>
2710(a) kerosene oil PDS,<br>(b) The following hunker fuels for use in ships Or vessels,namely <br> (1) IF0 180 CST,<br> (2) IFO 380 CST]5%I164<sup>1</sup>
2710(a) kerosene oil PDS,<br>(b) The following hunker fuels for use in ships Or vessels,namely <br> (1) IF0 180 CST,<br> (2) IFO 380 CST]<b2>(3) Marine Fuel 0.5% (FO)5%I164<sup>2</sup>
2710Avgas28%IV19<sup>3</sup>
2710Petroleum oils and oils obtained from bituminous minerals other than petroleum 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; waste oils; [other than Avgas and Kerosene and other than petrol, Diesel and ATF, not in GST]28%III33<sup>2</sup>
2710Petroleum oils and oils obtained from bituminous minerals, other than petroleum 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; waste oils; Avgas [other than kerosene PDS, petrol, diesel and ATF, not in GST]28%III33<sup>2</sup>
2710 19 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers or to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited.5%I165
2711 12 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers or to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited.5%I165
2711 13 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers or to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited.5%I165
2711 19 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers5%I165A<sup>2</sup>
2711 12 00Liquefied Propane and Butane mixture, Liquefied Propane,Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply5%I165<sup>5</sup>
2711 12 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply [* *] to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited.5%I165<sup>1</sup>
2711 12 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers5%I165A<sup>2</sup>
2711 13 00Liquefied Propane and Butane mixture, Liquefied Propane,Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply5%I165<sup>5</sup>
2711 13 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply [* *] to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited.5%I165<sup>1</sup>
2711 13 00Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply to household domestic consumers5%I165A<sup>2</sup>
[2711 19 00]to household domestic consumers or to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited,---
[2711 19 00]Liquefied Propane and Butane mixture, Liquefied Propane, Liquefied Butane and Liquefied Petroleum Gases (LPG) for supply [* *] to non-domestic exempted category (NDEC) customers by the Indian Oil Corporation Limited, Hindustan petroleum Corporation Limited or Bharat Petroleum Corporation Limited.5%I165<sup>1</sup>
2716 00 00Electrical energy0%-104
Other Exemptions
DescriptionNotification
Exemption from Registration - Small Taxpayers having turnover below threshold limitNotification No. 10/2019-C.T., dated 7-3-2019
Composition Levy Scheme for Small Taxpayers having Turnover Up to Rs. 1.5 Crore — Old SchemeNotification No. 8/2017-C.T., dated 27-6-2017
Composition Levy Scheme for Small Taxpayers having Turnover up to Rs. 1.5 Crore — New SchemeNotification No. 14/2019-C.T., dated 7-3-2019
Scheme to Pay GST 0 6% - For Taxpayers having turnover less than Rs. 50 Lakhs and Not Eligible for Composition Scheme.Notification No. 2/2019-C.T. (Rate), dated 7-3-2019
Exemption to Specified Goods supplied to Specified Recipients for Petroleum Exploration etc.Notification No. 3/2017-Central Tax (Rate), dated 28-6-2017]
Exemption to Goods Supplied to CSD by way of Refund Notification No. 6/2017-Central Tax (Rate), New Delhi, dated 28-6-2017.
Exemption to goods supplied by CSDNotification No. 7/2017-Central Tax (Rate), New Delhi, dated 28-6-2017
United Nation, International Organisation and Foreign Diplomatic Mission Notified as Entitled for refund of GST Paid on supplies received.Notification No. 16/2017-Central Tax (Rate), dated 28-6-2017
Reduced GST on Supply of Goods to ExporterNotification No. 40/2017-CT. (Rate), dated 23-10-2017
Concessional GST on Supply of Scientific and technical equipment to research institutionsNotification No. 45/2017-C.T. (Rate), dated 14-11-2017
Departmental Clarifications / Case Law
Coal:
Coal - Non-coking coal is classifiable under CTH 2701.19- Tamil Nadu Newsprint & Papers Ltd. Commissioner- 2010 (253) ELT 153 (Tri.- Chennai).
Coal tar pitch
Coal tar pitch as certified by the manufacturer as obtained by blending with other coal tar distillates is classifiable under CTH 2708.11- Commissioner v Indian Aluminium Company Ltd.- 2001 (127) E.L.T 251 (Tri.- Mumbai) and Collector v Hindalco Industries Ltd.- 2007 (217) ELT 343 (Cal).
Liquefied petroleum gases (LPG)
Liquefied petroleum gases (LPG) is commercial butane-propane mixture where proportion of butane is slightly more than 60%. When percentage of butane is more than 60% and less than 90% the said product is classifiable under CTH 2711.19- Commissioner v ELF Gas India Ltd.- 2006 (206) ELT 1059 (Tri.- Bang.).
Liquid Paraffin
Liquid Paraffin is not lubricating oil and it is classifiable under CTH 2710.00 — Pacific Exports v Collector of Customs- 1990 (45) ELT 651 (Tribunal).
Lubricating oils:
Lubricating oils- Gredag ML-12 glass Mould Lubricant and Cildag Colloidal graphite in oil are lubricating oils classifiable under CTH 2710.60 — Collector v Empire Industries Ltd. - 1990 (50) ELT 426 (Tribunal).
N-Hexane (63.91%)
N-Hexane (63.91%) in commercially pure form with presence of certain impurities therein cannot be held to be a mixture of acrylic hydro-carbon isomers, hence classifiable under Chapter 29 and not under Chapter 27- Commissioner v Indian Petrochemical Cotpn. Ltd- 2011 (274) ELT 299 (Tri-Ahmd). An appeal against this order was admitted by Supreme Court as reported in 2014 (305) ELT A109 (SC).
Orimulsion
'Orimulsion' would merit classification under CTII 2714.90 — Based on C.B.E. & E. Circular No. 68/99-Cus., dated 5-10-1999.
Paraffin wax
Paraffin wax containing by weight 0.7% of mineral hydrocarbon oil is classifiable under CTH 2712.20-Rakesh Kumar Agarwal v Commissioner- 2009 (234) ELT 132 (Tri.- Chennai).
Propylene tetramer
Propylene tetramer with flash point of 60°C to 100°C and not shown to be suitable as fuel in spark ignition engine is not classifiable under CTH 2710.11 to 2710.19- Schenectady Herdillia Ltd. v Commissioner- 2007 (208) ELT 110 (Tri.- Mumbai).
Propylene Trimmer
Propylene Trimmer with flash point below 25°C but not shown to be suitable as fuel in spark ignition engine is not classifiable under CTH 27 10.11 to 2710.19- Schenectady Herdillia Ltd v Commissioner- 2007 (208) ELT 110 (Tri.- Mumbai).
Sludge/Sediments
Sludge/Sediments accumulated in the bank of vessel which is marketable and classifiable under Chapter 27 of Customs Tariff Act, 1975 due to the composition of their being found in the chemical examiner's certificate as mixture of hydrocarbons- Priya Blue Industries Ltd. v Commissioner- 2013 (293) ELT 547 (Tri.-Ahmd.).
entane-
entane- classifiable under Tariff Item 2711 19 00 of Central Excise Tariff — Gail India Ltd v Conunissioner,2019 (24) G.S .T.L. 626 (Tri. - Ahmd.)