VidhiSangh

Supreme Court of India · 09/05/2017

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

[2017] 5 S.C.R. 30 · 2017 INSC 458

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Summary

On the technical and regulatory evidence, Appy Fizz was a fruit-juice-based drink under Item 5 of Entry 71, rather than an aerated branded soft drink attracting the higher Kerala VAT rate. Common parlance was not the exclusive test for the technical entry. The clarification authority had to consider the manufacturer’s evidence despite an earlier distributor assessment.

Issues

  1. How Appy Fizz was classified under the relevant Kerala VAT provisions.
  2. Whether technical evidence and a manufacturer’s clarification application were displaced by the earlier distributor case.

Provisions considered

Held

Result

Manufacturer’s classification appeals allowed and adverse orders set aside; Revenue’s challenge to clarification proceedings dismissed. Connected dealer proceedings to follow this classification with consequential adjustment of deposits as necessary.

Judgment PDF: Supreme Court of India, [2017] 5 S.C.R. 30.