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may 2008

Supreme Court of India · 2008-05-05

Commissioner Of Trade Tax, U.P vs Associated Distributors Ltd

Court
Supreme Court of India
Petitioner
Commissioner Of Trade Tax, U.P
Respondent
Associated Distributors Ltd
Author
Dalveer Bhandari
Bench
Ashok Bhan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the classification and tax rate applicable to Bubble-gum under the UP Sales Tax Act, determining that it should be taxed at 10% as an unclassified good rather than 6.25% as a confectionery item. The Court emphasized that the interpretation of terms in tax notifications should align with local understanding, referencing prior cases such as Pappu Sweets and Biscuits v. Commissioner of Trade Tax and CCE v. Parle Exports. The Court held that the High Court's classification of Bubble-gum as a confectionery item was incorrect, thereby allowing the appeal and reinstating the higher tax rate.

Commissioner Of Trade Tax, U.P vs Associated Distributors Ltd · Niyam