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july 1981

Supreme Court of India · 1981-07-28

ANNAPURNA BISCUIT MANUFACTURING CO., KANPUR vs COMMISSIONER OF SALES TAX, U.P., LUCKNOW

Citation / case number
SC 1979/62746
Court
Supreme Court of India
Petitioner
ANNAPURNA BISCUIT MANUFACTURING CO., KANPUR
Respondent
COMMISSIONER OF SALES TAX, U.P., LUCKNOW
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court examined whether 'cooked food' under the U.P. Sales Tax Act, 1948 includes 'biscuits'. The Court held that the term should be interpreted in its ordinary parlance, and since biscuits are prepared by baking, they can be considered as 'cooked food'. Consequently, the Court ruled that the turnover from biscuits should be taxed at the lower rate applicable to cooked food, reversing the High Court's decision which upheld a higher tax rate.

ANNAPURNA BISCUIT MANUFACTURING CO., KANPUR vs COMMISSIONER OF SALES TAX, U.P., LUCKNOW · Niyam