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2020 (8) TMI 413 - HC - GSTClassification of goods - Rate of tax - AUS ingredients bases sanitizer - deposit of GST at the Tariff Rate of 18% under the HS Coder 3808-94 instead of 12% - petitioner argued that the impugned show cause notices have been wrongly issued by the respondent-authority by misclassifying the same as alcohol based sanitizer , whereas the sanitizers being manufactured by them are Ayurvedic/ Unani/ Sidha (AUS) ingredient based sanitizers. HELD THAT - It is submitted that the representation dated 27.07.2020 (P-9), if already submitted, shall be forwarded to the establishment of the GST Council for appropriate consideration in accordance with law. Application disposed off.
Issues:
Challenge to show cause notices for GST classification of Ayurvedic/Unani/Sidha ingredient based sanitizers at 18% instead of 12%. Analysis: The High Court heard a writ petition filed by the Haryana Ayurvedic Drugs Manufacturers Association challenging show cause notices issued by Taxation authorities regarding GST classification of "AUS ingredient bases sanitizer" at 18% under HS Code 3808-94 instead of 12%. The petitioner argued that the sanitizers they manufacture are Ayurvedic/Unani/Sidha ingredient based, not alcohol-based, and should be classified at 12% GST. They claimed to have submitted a representation to the authorities on this matter, but no action had been taken. The respondent requested an adjournment to consider the representation, and later informed the court that the representation would be forwarded to the GST Council for appropriate consideration. The court disposed of the case, expressing hope that the GST Council would promptly consider the representation and address the classification issue. The judgment emphasized the importance of the matter and the need for swift resolution by the Council. The decision indicates a reliance on the Council's expertise and authority in determining the correct classification of the sanitizers in question, highlighting the significance of proper classification under the GST regime.
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