Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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Classification by essential character determines that both shaving cream and shaving foam fall under HSN heading 3307 but occupy different subheadings: shaving cream is classifiable under tariff item 33071010 while shaving foam falls under 33071090. A conjoint reading of Schedule I and Schedule II entries in the concessional rate notification treats shaving cream (33071010), shaving lotion and aftershave lotion as accommodated in Schedule I at the concessional tax, while other pre-shave/shaving/aftershave preparations including shaving foam remain in Schedule II. Operative tax effect: shaving cream and specified lotions taxed at 2.5% CGST + 2.5% SGST; shaving foam taxed at 9% CGST + 9% SGST.
Classification by essential character determines that both shaving cream and shaving foam fall under HSN heading 3307 but occupy different subheadings: shaving cream is classifiable under tariff item 33071010 while shaving foam falls under 33071090. A conjoint reading of Schedule I and Schedule II entries in the concessional rate notification treats shaving cream (33071010), shaving lotion and aftershave lotion as accommodated in Schedule I at the concessional tax, while other pre-shave/shaving/aftershave preparations including shaving foam remain in Schedule II. Operative tax effect: shaving cream and specified lotions taxed at 2.5% CGST + 2.5% SGST; shaving foam taxed at 9% CGST + 9% SGST.
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