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.
Source a2ztaxcorp
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