GST Council Can Recommend Rates, But Can’t Determine Classification: High Court Allows Petition Challenging Flavoured Milk Classification

The Hon’ble Madras High Court in the case of M/s. Parle Agro Private Limited v. Union of India & Ors. [W.P. No. 16608 & 16613 of 2020 dated October 31, 2023] allowed the Writ Petition and held that the Flavoured Milk is to be classified under Heading 0402 of the Customs Tariff Act, 1975 (“the Customs Tariff Act”) and is therefore, liable to Central Tax at the rate of 2.5 per cent in terms of Entry 8 to First Schedule to Notification No. 1/2017-Central Tax (Rate) dated June 28, 2017 (“the Goods Rate Notification”).

Source a2ztaxcorp