Refreshing News for Consumers: Lower GST on Carbonated Juices
In a landmark decision, the Gauhati High Court has ruled that carbonated drinks made from fruit pulp and juice are not merely 'water or carbonated water alone'. This significant judgment means these beverages will now attract a lower Goods and Services Tax (GST) rate of 12%, instead of the previously imposed 28%. The ruling comes as a relief to X’SS Beverage, a manufacturer of carbonated juice drinks, who had been contesting the higher tax rate imposed by GST authorities.
What Sparked the Legal Battle?
The dispute arose when GST authorities argued that since the beverages contained carbonated water, they should be taxed at the higher rate applicable to soft drinks. However, X’SS Beverage maintained that the primary ingredient in their products was fruit juice, which defines the essential character of the drinks, thus qualifying them for a lower tax rate.
Legal Precedence and Future Implications
The High Court's decision, referencing the Rules for Interpretation of the Customs Tariff Act, 1975, and citing judicial precedents such as the case of Parle Agro’s ‘Appy Fizz’, sets a legal precedent. This judgment underscores the importance of considering the product's essential nature, ingredients, and market perception in tax classification. It's a victory not just for X’SS Beverage but for the beverage industry at large, potentially influencing future GST classifications and rates for similar products.
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