wrong gst charged on HSN code 38220090

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..... wrong gst charged on HSN code 38220090
Query (Issue) Started By: - Sudha Sharma Dated:- 8-6-2018 Last Reply Date:- 1-10-2018 Goods and Services Tax - GST
Got 4 Replies
GST
As per GST norms GST for HSN Code 38220090 or 3822 is 12% but some are charged 5% instead of 12%. Is is possible to purchase the material on 12% GST slab and sale the same on 5% GST slab with same HSN Code. Where I .....

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..... can drop the image of invoices for same. Reply By KASTURI SETHI: The Reply: Complete details of products of both invoices are required. Details are sufficient, instead of copies of invoice. There must be some difference between both. Reply By Rajagopalan Ranganathan: The Reply: Sir , All diagnostic kits and reagents fall under heading 3822. These kits are attracting CGST @ 6% as per Sl. No. .....

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..... 80 of Schedule II of Notification No. 1/2017-Central Tax (Rate) dated 28.6.2017 as amended. If the kits are imported the IGST @ 12% is payable vide Sl. No.80 of Notification No.I do not find any other Notification which prescribe effective rate of CGST @ 2.5% on the above goods.1.2017-Integrated Tax (Rate) dated 28.6.2017 as amended. If any registered person supply such kits at lower rate of CGST .....

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..... he will attract the penal provisions prescribed by CGST Act, 2017. Reply By YAGAY and SUN: The Reply: You may bring this matter to the kind knowledge of your Jurisdictional Commissioner for enforcing to charge the an appropriate rate of tax. Reply By Lakshman Balajepalli: The Reply: I agree with all above comments. All diagnostic companies are importing reagents in bulk by as animal origin 30 .....

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..... 02 (GST 5%) instead of using 38220090 (12% GST) which is incorrect or paying GST of only 5% for imports with HS code of 38220090 showing that the reagent is animal origin. As a result these companies are charging 5% to end user . Whereas some companies who are following the correct procedures end up paying more GST during imports and are unable to charge GST of 12% since en users (labs/distributor .....

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..... s) are not accepting. Govt. should penalise all these importers who are importing with 5% GST and make them pay penalty with interest for paying low GST since last two years
Discussion Forum - Knowledge Sharing .....

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