Fertilizer Classification Dispute | CESTAT Denies Tax Exemption for Boronated Calcium Nitrate

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that boronated calcium nitrate cannot be treated as calcium nitrate for the purpose of claiming concessional customs duty, reinforcing the principle of strict interpretation of exemption notifications. The bench of Dr. Ajaya Krishna Vishvesha (Judicial Member) and Satendra Vikram Singh (Technical Member) has observed that Boronated Calcium Nitrate imported by the appellant is a different product than Calcium Nitrate and therefore, the product is not eligible to concessional rate of duty under Entry No.225(I)(b) of Notification No.50/2017-Cus. The bench placed reliance on the decision of Supreme Court in the case of Commissioner of Customs (Import), Mumbai Vs. Dilip Kumar & Company (cited supra) which has held that in case of tax exemption under a Notification, burden to prove for its entitlement is on assessee claiming exemption. If there is any ambiguity in exemption Notification, benefit of such ambiguity cannot be claimed by the assessee and it must be interpreted in favour of the revenue. The dispute traces back to imports made between January and August 2019, when a fertilizer product—calcium nitrate mixed with a small quantity of boron—was brought into India through Mundra Port. At the time of import the importer classified the product under Customs Tariff Heading (CTH) 31026000, which covers calcium nitrate. Based on this classification, it claimed a concessional customs duty rate of 5% under Notification No. 50/2017, which grants benefits to certain water-soluble fertilizers, including calcium nitrate. The customs department argued that the imported product was not pure calcium nitrate but a “boronated calcium nitrate”, which falls under the category of fortified fertilizers. Under the Fertiliser (Control) Order, 1985, calcium nitrate and boronated calcium nitrate are listed separately, each with different chemical specifications and standards. Based on this distinction, customs authorities issued multiple show cause notices (2020–2021) alleging Wrongful claim of exemption and Short payment of customs duty The department proposed reclassification of the product, recovery of ₹57.7 lakh in differential duty and imposition of interest and penalties The adjudicating authority confirmed the duty demand, along with interest and penalties. On appeal, the Commissioner (Appeals) upheld the duty and interest and took a lenient view by removing the penalty. The importer argued that the product remained essentially calcium nitrate, since boron was present only in a minor quantity (around 0.3%). In commercial and trade parlance, it is still treated as calcium nitrate. Small additives should not change classification or deny exemption benefits. Customs authorities could not reopen assessments without first challenging the original clearance (out-of-charge) orders. The customs department countered that exemption notifications must be strictly applied, only to goods that clearly fall within their scope. Even small compositional changes can create a distinct product category under regulatory frameworks. The law permits issuing demand notices for short-levied duty without reopening earlier assessments. At the heart of the case was a crucial legal question: can a fertilizer containing calcium nitrate as its main component, but mixed with boron, qualify for a tax exemption meant specifically for calcium nitrate? The tribunal answered in the negative, ruling that boronated calcium nitrate is a distinct product, not equivalent to pure calcium nitrate. Even minor compositional differences—such as the addition of boron—can affect eligibility for tax exemptions. Exemption notifications must be strictly interpreted, and any ambiguity benefits the revenue, not the importer. The product in question was categorized as a fortified fertilizer, separate from water-soluble calcium nitrate listed under the exemption notification. Differences in chemical composition, including nitrogen and calcium content, as well as slightly lower solubility, were considered significant. Authorities were justified in issuing demand notices for unpaid duty, even without revising earlier clearance orders. The tribunal upheld the customs department’s decision to deny concessional duty benefits and confirmed the demand for differential duty along with interest. Case Details Case Title: Yara Fertilizers India Pvt Ltd Versus Commissioner Of Customs Citation: JURISHOUR-591-CES-2026(AHM) Case No.: CUSTOMS Appeal No. 10247 of 2024- DB Date: 01.04.2026 Counsel For Appellant: Manish Jain, Advocate Counsel For Respondent: Girish Nair, Assistant Commissioner (AR) Click Here To Read Order Read More: Service Tax Demand Can’t Exceed Scope of SCN: CESTAT

Fertilizer Classification Dispute | CESTAT Denies Tax Exemption for Boronated Calcium Nitrate

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