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may 2023

Supreme Court of India · 2023-05-04

HEINZ INDIA LIMITED vs THE STATE OF KERALA

Citation / case number
SC 2008/37727
Court
Supreme Court of India
Petitioner
HEINZ INDIA LIMITED
Respondent
THE STATE OF KERALA
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court examined whether medicated talcum powders, such as 'Nycil Prickly Heat Powder,' should be classified as medicine or as cosmetic/toiletry products under state sales tax laws. The courts below had differing views, with Kerala High Court classifying it as medicated talcum powder and Tamil Nadu High Court considering it a toilet powder. The Court analyzed the statutory definitions and the nature of the product, ultimately emphasizing the importance of classification based on the product's primary use and statutory interpretation. The judgment clarified the legal distinction between medicinal and cosmetic products for tax classification purposes.

HEINZ INDIA LIMITED vs THE STATE OF KERALA · Niyam