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october 1988

Supreme Court of India · 1988-10-27

STATE OF KERALA vs ATTESEE (AGRO INDUSTRIAl4L, TRADING CORPORATION)

Citation / case number
SC 1979/62710
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
ATTESEE (AGRO INDUSTRIAl4L, TRADING CORPORATION)
Bench
RANGNATHAN

Judgment text excerpt

The Supreme Court held that Section 9 and Third Schedule item 7 of the Kerala General Sales Tax Act, 1963, grants exemption from sales tax to 'cotton fabrics' as defined in the Central Excises and Salt Act, 1944. The Court ruled that the definition of 'cotton fabrics' in the 1944 Act, as amended in 1969, should be considered for exemption purposes, rejecting the State's argument that only the original definition applied. The Court concluded that the 1963 Act incorporates the definitions by reference, allowing for the amended definition to apply, thereby upholding the exemption for PVC cloth manufactured by the respondent-assessee.

STATE OF KERALA vs ATTESEE (AGRO INDUSTRIAl4L, TRADING CORPORATION) · Niyam