VidhiSangh

Supreme Court of India · 04/05/2023

M/S TRIMURTHI FRAGRANCES (P) LTD. THR. ITS DIRECTOR SHRI PRADEEP KUMAR AGRAWAL versus GOVT. OF N.C.T. OF DELHI THROUGH ITS PRINCIPAL SECRETARY (FINANCE) AND ORS.

[2023] 7 S.C.R. 1046 · 2023 INSC 487

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected challenges to state sales-tax treatment of pan masala and gutkha under the Delhi, Tamil Nadu and Uttar Pradesh enactments. For the periods considered, their specific tariff treatment could not be displaced by describing them generally as tobacco. They were not declared goods attracting the Central Sales Tax Act’s rate restriction. Assessee appeals failed and Revenue appeals were allowed without costs.

Issues

  1. Effect of a subsequent specific taxing entry where an earlier exemption covers a wider class.
  2. Whether pan masala and gutkha were tobacco entitled to the claimed exemptions and declared-goods rate protection.

Provisions considered

Held

Result

Assessees’ appeals failed; Revenue’s appeals allowed. No order on costs.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 1046.