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may 2017

Supreme Court of India · 2017-05-09

M/S. PARLE AGRO (P) LTD. vs COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM

Citation / case number
SC 2016/15912
Court
Supreme Court of India
Petitioner
M/S. PARLE AGRO (P) LTD.
Respondent
COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM
Author
HON'BLE MR. JUSTICE ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court addressed the classification of 'Appy Fizz' under the Kerala Value Added Tax Act, 2003, specifically under Section 6(1)(d) and Section 6(1)(a). The Court held that the product should be classified as a 'fruit juice based drink' liable for 12.5% VAT, rejecting the assessment that classified it as an 'aerated branded soft drink' subject to 20% VAT. The judgment emphasized the importance of proper classification and the need for the authorities to consider expert opinions and certificates submitted by the appellant.

M/S. PARLE AGRO (P) LTD. vs COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM · Niyam