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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.

COMMNR. TRADE TAX, U.P. vs S/S.NATIONAL CEREAL PRODUCT · Niyam