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february 2008

Supreme Court of India · 2008-02-08

State Of Kerala & Ors vs M/S Kurian Abraham Pvt. Ltd. & Anr

Court
Supreme Court of India
Petitioner
State Of Kerala & Ors
Respondent
M/S Kurian Abraham Pvt. Ltd. & Anr
Bench
S. H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court ruled that under the Kerala General Sales Tax Act, 1963, and the Central Sales Tax Act, 1956, the processing of field latex into centrifuged latex does not create a new commodity for tax purposes, thus allowing the assessee to claim exemptions under relevant notifications. The Court clarified that the previous ruling in Padinjarekara Agencies Ltd. v. Assistant Commissioner, which treated centrifuged latex as a different product, was not applicable to the assessment years in question due to changes in statutory entries. Consequently, the notices issued by the Department to reassess the turnover were quashed, affirming the assessee's entitlement to exemptions.

State Of Kerala & Ors vs M/S Kurian Abraham Pvt. Ltd. & Anr · Niyam