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.