VidhiSangh

Supreme Court of India · 04/05/2023

HEINZ INDIA LIMITED versus THE STATE OF KERALA

[2023] 6 S.C.R. 425 · 2023 INSC 488

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Summary

Nycil prickly heat powder was taxable under the specific talcum-powder entries of the Kerala and Tamil Nadu sales-tax statutes, despite its medicinal ingredients and drug-manufacturing licence. The wording including medicated talcum powder in Kerala, and the Tamil Nadu entry read with its explanation, controlled classification. Both sets of appeals were dismissed without costs.

Issues

  1. Whether Nycil prickly heat powder fell within medicine entries or the specific entries covering medicated talcum powder.
  2. Effect of medicinal qualities, a drug licence and classification decisions under differently worded excise provisions.

Provisions considered

Held

Result

Both sets of appeals dismissed; classifications upheld under the respective state sales-tax entries. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 425.