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may 2008

Supreme Court of India · 2008-05-05

COMMNR. OF TRADE TAX, U.P. vs M/S. ASSOCIATED DISTRIBUTORS LTD.

Citation / case number
SC 2002/63229
Court
Supreme Court of India
Petitioner
COMMNR. OF TRADE TAX, U.P.
Respondent
M/S. 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 must align with common understanding in the relevant jurisdiction. The judgment of the Allahabad High Court was set aside, and the appellant's position was upheld, affirming the higher tax rate for Bubble-gum.

COMMNR. OF TRADE TAX, U.P. vs M/S. ASSOCIATED DISTRIBUTORS LTD. · Niyam