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JAIPUR: The Rajasthan high court on Tuesday asked the state government whether it considered garlic a vegetable or a spice. While hearing a public interest litigation, the HC also asked the state government whether selling garlic in a grain market should attract GST . The government will submit its reply later this week.

Hearing a petition filed by Aaloo, Pyaaz Aur Lehsun Viktreta Sangh from Bhadvasia, Jodhpur, the HC questioned the rationale behind farmers being allowed to sell garlic as a spice in a grain market when it is a vegetable. "It should be considered as either of the two," the petitioner said, arguing that if garlic is sold in a grain market as a spice it should be taxed.

After the PIL was filed, other vegetable associations too have applied to become parties in the matter.

Additional advocate general Shyamsundar Ladrecha explained in the court that the state government allowed sale of garlic bulbs in grain markets through an amendment in August 2016 in section-2 of the Rajasthan Agriculture Produce Market Act, 1962, to benefit the farmers. "Following a bumper garlic production in the state that year, the prices of garlic began to drop. Also, there were space constraints in vegetable markets for the sale of garlic. So, the government, in order to encourage competition among the buyers, allowed the farmers to sell their produce in grains markets as well," said Ladrecha.

He said selling garlic in grain markets does not attract any tax on farmers. On the contrary, they have to give just 2 per cent as commission to middlemen in a grain market as compared to 6 per cent commission in a vegetable market.

