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Supreme Court of India · 2008-05-16

M/S PONDS INDIA LTD(MERGED WITH H.L.LTD) vs COMMNR. OF TRADE TAX, LUCKNOW

Citation / case number
SC 2006/16996
Court
Supreme Court of India
Petitioner
M/S PONDS INDIA LTD(MERGED WITH H.L.LTD)
Respondent
COMMNR. OF TRADE TAX, LUCKNOW
Author
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed whether petroleum jelly qualifies as a 'drug' or a 'cosmetic' under the U.P. Trade Tax Act, 1948. It analyzed definitions from the Drugs and Cosmetics Act, 1940, specifically Section 3(aaa) for 'cosmetic' and Section 3(b) for 'drug', concluding that petroleum jelly is primarily intended for cosmetic use. The Court held that petroleum jelly should be classified as a cosmetic, thereby exempting it from sales tax under the relevant provisions of the U.P. Sales Tax Act, 1948.

M/S PONDS INDIA LTD(MERGED WITH H.L.LTD) vs COMMNR. OF TRADE TAX, LUCKNOW · Niyam