Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
GST - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The High Court held that flavoured milk is to be classified ...


Flavoured Milk GST Classification: Nutritious Dairy Product Over Sweetened Beverage.

December 14, 2024

Case Laws     GST     HC

The High Court held that flavoured milk is to be classified under GST Tariff Heading 0402 and not 2202. The entry 0402 covers milk and milk products, including milk containing added sugar or sweetening matter. Although flavoured milk contains 0.5% Badam flavour, it cannot be excluded from Heading 0402 merely due to the addition of flavour. The principle of noscitur a sociis indicates that Heading 2202 covers beverages containing water as an essential part, except for tender coconut water. Since Heading 0402 is the specific entry and 2202 is the general entry, flavoured milk falls under 0402. Consequently, the question of penalty u/ss 122(2)(b) and 74 of the Central GST Act does not arise. The impugned order was set aside, and the petition was allowed.

View Source

 


 

You may also like:

  1. Classification of goods - rate of GST - Flavoured Milk - flavoured milk is not the natural form of milk but obtained after application of specific processes on the milk...

  2. Imported goods 'Pran Lassi Drink (Yoghurt Flavoured)' classified under CTH 04039090 (yogurt), not 22029030 (non-alcoholic beverages). Supplier's international...

  3. Classification of goods - Flavored Milk sold under trade name of Power Sip - The word “beverage”, though not defined under CGST Act, 2017, is considered, in common...

  4. Classification of NIDO Nutritious Milk for growing kids - flavouring agent of 0.03% of the total composition is added, which does not change the basic characteristic of...

  5. Classification of goods - NIDO Nutritious milk for growing kid - Where flavouring agent of 0.03% of the total composition is added, which does not change the basic...

  6. Power of GST Council to issue clarification regarding classification of goods under GST - classification of flavoured milk - The power of GST council is recommendatory...

  7. Classification of goods - Flavoured Milk - The instant product ‘flavoured milk’ is covered under ‘milk’ - the product merits classification under tariff heading 0402 99 90.

  8. Classification of goods - UHT Sterilized Flavoured Milk - whether classifiable under Chapter 4-tariff Heading 0402 which covers ‘Milk containing added sugar or other...

  9. Rate of GST - outward supply of “Flavoured Milk” - 'flavoured milk' is classifiable under tariff item 2202 9930 of the First Schedule to the Customs Tariff Act,1975 as a...

  10. Rate of GST - outward supply of “Flavoured Milk” - the 'flavoured milk' is classifiable under tariff item 2202 9930 of the First Schedule to the Customs Tariff Act,1975...

  11. Exemption from GST - Flavoured Milk for Tea Preparation - pasteurized milk - Since, the product of the applicant, classifiable under Chapter Sub-Heading No. 0401 20 00,...

  12. Classification of goods - HSN Code - rate of tax - Flavored Milk - ‘flavoured milk’ is classifiable under Tariff Item 2202 99 30 of the First Schedule to the Customs...

  13. Classification of goods - Anna Malai Mithai - The product in question i.e., ‘Anna Malai Mithai’ is a product made out of Skimmed Milk Powder, Sugar & Whey Powder as main...

  14. Classification of goods - Chocolate Milk Powder - it is an admitted / undisputed fact that the product in question does not have the characteristics, required under...

  15. Classification of import goods - The basic raw material for “Scented & Flavoured and/or Sweetened Betel Nut” is raw betel nut, which is classifiable under Chapter 8,...

 

Quick Updates:Latest Updates