GST council's role only recommendatory: High Court
Wednesday, 22 November 2023
The Madras high court has held that the GST council's role, particularly in product classification, is only recommendatory. In Parle Agro's case, the court determined 'flavored milk' to be under a lower GST tariff of 5% despite the council recommending a higher rate of 12% in its meeting of December 22, 2018. This decision would support taxpayers against GST demands based solely on council discussions or even mere clarificatory circulars. However, the government can introduce changes, including in GST rates, through legal amendments or notifications.
The Madras high court has held that the GST council's role, particularly in product classification, is only recommendatory. In Parle Agro's case, the court determined 'flavored milk' to be under a lower GST tariff of 5% despite the council recommending a higher rate of 12% in its meeting of December 22, 2018. This decision would support taxpayers against GST demands based solely on council discussions or even mere clarificatory circulars. However, the government can introduce changes, including in GST rates, through legal amendments or notifications.
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