GST Rate on Ayurvedic sanitizer - GST Council to take appropriate decision

GST Rate on Ayurvedic sanitizer - GST Council to take appropriate decision

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

The Relevant Text of the Order as follows : Petitioner- Haryana Ayurvedic Drugs Manufacturers Association has preferred the instant writ petition seeking quashing of show cause notices (one of them being attached as P-12 dated 09.07.2020) issued by the Taxation authorities to the manufacturers of the “AUS ingredients- bases sanitizer” for depositing the GST at the Tariff Rate of 18% under the HS Coder 3808-94 instead of 12%. Ld. Counsel for the petitioner has argued that the impugned show cause notices have been wrongly issued by the respondent-authority by misclassifying the same as “alcohol based sanitizer”, whereas the sanitizers being manufactured by them are Ayurvedic/ Unani/ Sidha (AUS) ingredient based sanitizers and thus different from alcohol based sanitizers. It is further argued that the sanitizers manufactured by them come within the 12% GST bracket and not 18% as levied by the authorities. It is submitted that a comprehensive representation in this regard has already been made to respondents. Same was made on 27.07.2020 (P-9), however no action on said representation has been taken to date. On the last date of hearing Mr. Bindlish had sought a day's adjournment to seek instructions regarding consideration of contents of the representation dated 27.07.2020 (P-9) with regard to re-classification of ASU ingredient based sanitizers. Today, he on instructions submits that the representation dated 27.07.2020 (P-9), if already submitted, shall be forwarded to the establishment of the GST Council for appropriate consideration in accordance with law. Disposed of accordingly. It is hoped that the same shall be taken up for consideration by the Council at the earliest.