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april 2008

Supreme Court of India · 2008-04-29

M/S. RECKITT BENCKISER (INDIA) LTD. vs COMMISSIONER, COMMERCIAL TAXES .

Citation / case number
SC 2007/6518
Court
Supreme Court of India
Petitioner
M/S. RECKITT BENCKISER (INDIA) LTD.
Respondent
COMMISSIONER, COMMERCIAL TAXES .
Bench
S.H. KAPADIA & B. SUDERSHAN REDDY

Judgment text excerpt

The Supreme Court addressed whether mosquito repellants and similar items fall under Entry 44(5) of Schedule III to the Kerala VAT Act, 2003. The Court held that the High Court erred in its interpretation of the relevant entries, emphasizing the necessity to apply the Rules of Interpretation and consider the HSN Code as per the Customs Tariff Act, 1975. The Court concluded that the items in question should be assessed under the provisions of the HSN, thereby impacting the applicable duty rates.

M/S. RECKITT BENCKISER (INDIA) LTD. vs COMMISSIONER, COMMERCIAL TAXES . · Niyam