M/s XYZ trader in “Product X” taxable (@ 12%)procures goods from
various registered suppliers. Some of the vendors who make supplies of Rs 40
lakh to them use different classification and HSN code and charged highest rate
@ 18%. . On actual classification of such items, it is known that the HSN
classification is incorrect and actual GST rate is @ 12%. The Suppliers is
unwilling to change the HSN and the rate.
Can M/s XYZ use correct HSN with 12% GST Rate while selling that goods even if his vendors have classified under different HSN and charged a 18% Rate?
Every supplier is himself responsible for correct classification of goods and payment of tax at correct rate
So it is not the issue that your vendor is not doing correct classification and accordingly you are not doing it.
If the vendor is paying higher tax to consume ITC and the vendor is related to you only then it may be considered fraudulent for using credit via channel other vise no problem.
This type of manipulation is possible in case of textile product and railway parts where refund of inverse credit is not allowed.