wrong gst charged on HSN code 38220090

[Sudha Sharma]

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 can drop the image of invoices for same.

AI Summary

GST rate mismatch on HSN classification may trigger penalties for misclassification and undercharged tax.
Discrepancy arises where diagnostic kits and reagents properly classifiable under heading 3822 are subject to the higher notified GST rate, while some importers/misdeclarants classify the same goods under animal origin codes attracting a lower GST slab; such misclassification can trigger penal provisions and interest under the CGST Act, distort input tax positions, and warrants reporting to the jurisdictional commissioner with full product particulars to establish correct classification.