Supreme Court of India · 2006-09-11
Balkrishna Hatcheries vs Clarification & Advance Ruling ...
- Citation / case number
- 2006 AIR SCW 4617
- Court
- Supreme Court of India
- Petitioner
- Balkrishna Hatcheries
- Respondent
- Clarification & Advance Ruling ...
- Author
- Markandey Katju
- Bench
- Ashok Bhan, Markandey Katju
Judgment text excerpt
The Supreme Court analyzed the definition of 'sealed container' under the Karnataka Sales Tax Act, 1957, specifically referencing Entry 22 of the Fifth Schedule and Entry 8(viii) of Part-F of the Second Schedule. The Court held that a polythene bag closed by stapling or crimping does not constitute a 'sealed container' as it does not prevent access to the contents without breaking the fastening, thus qualifying for tax exemption. The judgment of the Karnataka High Court was set aside, ruling in favor of the appellant's interpretation of the statute.