VidhiSangh

Supreme Court of India · 02/03/2021

THE COMMISSIONER, COMMERCIAL TAX, U.P., LUCKNOW versus S/S RUJHAN STUDIO

[2021] 4 S.C.R. 511 · 2021 INSC 138

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Summary

The Supreme Court classified the dealer’s cut and embroidered unstitched salwar-kameez sets under the UP VAT residuary entry taxable at 12.5% for the assessment in question. Processing gave the fabric the distinct character of an unstitched suit, defeating the textile exemption. It was also outside the 4% entry for other textile made-ups, read with bedsheets and pillow covers. The assessment was restored and the connected appeals disposed of on the same basis.

Issues

  1. Whether the processed unstitched suits were exempt textiles, taxable textile made-ups or residuary goods.

Provisions considered

Held

Result

Revenue’s principal appeal allowed and assessment restored; connected appeals disposed of in the same terms. No costs.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 511.