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Is garlic a veggie or a spice, HC asks Government

The Rajasthan high court's division bench consisting of Justice Sangeet Raj Lodha and Justice Vinit Kumar Mathur on Monday asked the state government why garlic has been included both as vegetable and as spice for charging GST. As additional advocate general Shyamsudar Ladrecha sought time for reply the bench postponed the hearing till Tuesday. A petition was filed in the High Court by 'Vegetable market Association' of Bhadvasia (Jodhpur) that since garlic is sold as a vegetable in the market it should be exempted from GST. It even said that if garlic is sold in the grain market as a spice then it should be taxed. After the petition was filed other vegetable associations too applied to be parties in the matter. The bench questioned the government that if garlic is taxed as a spice then it should be specified in the schedule as 'garlic powder'. In earlier hearings the government said that in vegetable markets farmers face problems due to middle-men and entry taxes, etc, hence garlic was included in Agriculture Market Produce Act Schedule - 2 in both the categories so that farmers are able to sell it at least in the grain market.

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