Confusion in hsn code

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rajni sharma (Querist)
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02 November 2017 DEAR SIR,
My query is regarding HSN CODE...
IF , I am supplier of PP Woven bags to X party(Exporter) under HSN code 6305 @ rate 5% , to same X party(Exporter) some other supplier also supply same PP woven bags but under HSN CODE 3923 @ 18%.This is all happens due to confusion of HSN Code which still continue....
1.My question is as supplier what is consequence for me if I filed JULY GSTR-1 and 3B with 5% rate,and august and Sept -GSTR-3B also filed with 5% rate.But October onward i am issuing bill on 18% on HSN 3923.
2.What problem buyer will face, if he is buying same material with two different rates?

Please resolve my query.....please..

Thanks & Regards,
Rajni

Udaya Chandran

Udaya Chandran (Expert)
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02 November 2017 You have to find the correct HSN code. You can also approach officials in this regard. You may need to pay difference amount along with interest once the correct HSN code is finalised and tax amount paid earlier is lesser.

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rajni sharma

rajni sharma (Querist)
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02 November 2017 Thanks for reply.
Sir confusion in HSN code for PP woven bag is still continue....some using 6305 @ 5% and most of pp woven bags supplier using 3923 @ 18%...sir if i change code in my books and pay difference amount...but buyer do not make changes in his books ,then what happen?

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Udaya Chandran

Udaya Chandran (Expert)
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02 November 2017 You need to raise a debit note to them corresponding to the original invoice in which the tax is paid lesser.

rajni sharma

rajni sharma (Querist)
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02 November 2017 Sir, Buyer is not ready to make any changes in August and Sept month bill...what if I change in my books and deposit tax..does it affect to buyer? or if I do not make any changes in July to Sept month what will consequence i can face further....

Udaya Chandran

Udaya Chandran (Expert)
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02 November 2017 You can't change the invoice value, you can raise only debit note. Whether the buyer pays the difference amount is up to him, Input credit will be made available to him (provided he makes the payment for the same within 180 days) once you uploaded the debit note. Pay interest @ 18% p.a. for the difference amount.

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rajni sharma

rajni sharma (Querist)
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02 November 2017 Sir after raising debit note as u said input available to him, so how can he use that until he update the his booked with debit note....and how government got to know that payment is made or not.
if he will not make payment then?

Udaya Chandran

Udaya Chandran (Expert)
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02 November 2017 That mechanism is not known yet on how govt. tracks the payments.

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rajni sharma

rajni sharma (Querist)
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02 November 2017 ok sir....but how buyer affected if he is not accept the debit note???he is exporter..will he get any issue while asking for refund???

Udaya Chandran

Udaya Chandran (Expert)
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03 November 2017 You have to negotiate with your customer. There is no other way.

rajni sharma

rajni sharma (Querist)
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03 November 2017 Ok Sir....but my question is what side effect he will face if he not accept debit note?

Udaya Chandran

Udaya Chandran (Expert)
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03 November 2017 He may not be able take the credit of difference amount.

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rajni sharma

rajni sharma (Querist)
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03 November 2017 it means like earlier reform no strict provision for buyer ....earlier we sale to exporter on H form ...if he not provide the H form ..supplier has to bear tax and interest on the same...same in GST no provision for supplier...so he can come out from extra taxburden...