HC : Quashes goods detention for alleged mis-classification/applicable tax rate, applies SC ratio

Jan 10,2019

HC quashes detention of goods (i.e. ground betel nuts’) on ground of alleged mis-classification and applicable rate of tax; Notes that, Assistant State Tax Officer (ASTO) detained the goods, alleging that goods fits description “HSN 2106” and attracts 18% tax and not 5% as claimed by the petitioner; Referring to SC ruling in case of J.K. Synthetics Ltd., observes that petitioner declared HSN Code which he felt his product would attract and paid 5% tax in GST r...

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