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of <h1>GST Council's 12% Rate for Specialized Fabrics Upheld, Petition for Uniform 5% Rate Dismissed</h1> <h3>Manufacturers Traders Association & Anr. Versus Union Of India & Ors.</h3> Manufacturers Traders Association & Anr. Versus Union Of India & Ors. - 2020 (43) G. S. T. L. 616 (Del.) , [2022] 102 G S.T.R. 180 (Del) Issues Involved:1. Early hearing of the petition through video conferencing.2. Notification of GST rate of 5% for all varieties of fabrics under Chapters 50 to 63 of the Customs Tariff.3. Alleged conflict between GST notifications and GST Council recommendations.4. Examination of GST Council’s decision on tax rates for fabrics.Detailed Analysis:1. Early Hearing of the Petition through Video Conferencing:The petitioners sought an early hearing of the petition via video conferencing. The court allowed the application as there was no objection from the respondents. The application was disposed of accordingly, and the court proceeded to hear the main petition for final disposal.2. Notification of GST Rate of 5% for All Varieties of Fabrics:The petitioners, a society of fabric manufacturers, invoked the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the Central Government and the Government of NCT of Delhi to notify the GST rate of 5% for all varieties of fabrics under Chapters 50 to 63 of the Customs Tariff, as recommended by the GST Council.3. Alleged Conflict Between GST Notifications and GST Council Recommendations:The petitioners contended that three GST notifications issued by the Central and State Governments conflicted with the GST Council’s recommendations. They argued that the Council had decided on a uniform GST rate of 5% for all fabrics, but the notifications set different rates, including 12% for certain fabrics under Chapters 56 to 59.4. Examination of GST Council’s Decision on Tax Rates for Fabrics:During preliminary hearings, the court referred the matter to the GST Council to clarify its stance. The GST Council, in its 38th meeting, confirmed that it had recommended a 12% GST rate for specialized and industrial fabrics under Chapters 56 to 59, while a 5% rate was recommended for other fabrics.The court noted that the GST Council’s minutes from its 15th meeting indicated a discussion on tax rates, but the final decision included a 12% rate for certain specialized fabrics. The Council reiterated this in its 38th meeting, confirming that the 12% rate was correctly notified.The petitioners argued that the Council’s recommendation was for a uniform 5% rate, but the court found no merit in this contention. The court emphasized that the GST Council, a constitutional body, had the authority to recommend tax rates and that its decisions were based on collaborative efforts embodying cooperative federalism.The court concluded that the GST Council’s recommendation of a 12% rate for specialized fabrics was valid and that the notifications were in line with these recommendations. The petition was dismissed, and the pending application was disposed of.Conclusion:The court upheld the GST Council’s recommendation of a 12% GST rate for specialized fabrics under Chapters 56 to 59 and dismissed the petition seeking a uniform 5% rate for all fabrics. The decision emphasized the authority of the GST Council in determining tax rates and the collaborative nature of its functioning.
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