TaxTMI 
TaxTMI 
Effective Date of Amendment in GST: Analyzing the Conflict Between Circular No. 247/04/2025 and Notification No. 03/2023
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....n Circular No. 247/04/2025 dated 14th February 2025 and Notification No. 03/2023 dated 26th July 2023 presents a significant issue in the realm of Goods and Services Tax (GST) law in India. The circular, issued by the Ministry of Finance, clarifies the application of GST rates and classifications based on the recommendations of the 55th GST Council meeting. Notably, it states that the amendments i....
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....menting decisions made during the 50th GST Council meeting. The notification is a statutory instrument, issued under the authority of the Goods and Services Tax (Compensation to States) Act, 2017. Detailed Analysis 1. Circular No. 247/04/2025: Key Clarifications: - Classification and GST rate on pepper of the genus Piper. - Exemption of GST for agriculturists supplying dried p....
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....clared retail sale price" for compliance with legal metrology laws. - Statutory Authority: - Issued under the Goods and Services Tax (Compensation to States) Act, 2017, making it a statutory instrument with legal force. Practical Implications The discrepancy in the effective date between the circular and the notification has practical implications for businesses, tax practitioners, and regulato....
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....l Board of Excise and Customs (CBEC) cannot take precedence over a notification issued under statutory authority. The Court emphasized that circulars are meant to clarify and facilitate the implementation of statutory provisions, not to alter or contradict them. Conclusion The anomaly between Circular No. 247/04/2025 and Notification No. 03/2023 underscores the importance of ensuring consistency....