Supreme Court of India · 2005-03-07
COMMNR. TRADE TAX, U.P. vs S/S.NATIONAL CEREAL PRODUCT
- Citation / case number
- SC 1999/14537
- Court
- Supreme Court of India
- Petitioner
- COMMNR. TRADE TAX, U.P.
- Respondent
- S/S.NATIONAL CEREAL PRODUCT
- Author
- RUMA PAL
- Bench
- RUMA PAL, ARIJIT PASAYAT & C.K. THAKKER
Judgment text excerpt
The Supreme Court addressed the classification of malted barley as a cereal under the U.P. Sales Tax Act, 1948, specifically referencing Section 3D and Section 14 of the Central Sales Tax Act, 1956. The Court upheld the High Court's earlier ruling that malted barley does not qualify as a cereal within the meaning of Section 14, thereby affirming the Taxing Authority's decision. The outcome confirmed that the Sales Tax Tribunal must adhere to the High Court's findings while determining the status of malted barley in relation to the notifications issued under the Sales Tax Act.