H.L.DATTU, C.NAGAPPAN
GUI-ATI and Company – Appellant
Versus
Commissioner of Sales Tax, U. P. , Lucknow – Respondent
JUDGMENT :
1. These appeals are directed against the common judgment and order passed by the High Court of Judicature at Allahabad in Sales Tax Revision Nos. 974 of 1991, 1011 of 1990, 975 of 1991 and 1013 of 1990, dated 21.08.2003, whereby and whereunder, the High Court has allowed the revision petitions of the Revenue and set aside the order passed by the Sales Tax Appellate Tribunal. The issue that falls for our consideration and decision in these Civil Appeals is 'whether food colours and food essences used in the manufacturing of foodstuffs and food products would fall under Entry 56 of the Notification No.ST-2-7218/10/6(43)/77, dated 30.09.1977' (for short "the notification").
2. In order to answer the aforesaid issue, brief facts may be noted. For the sake of convenience, we would only notice facts in Civil Appeal No. 1179 of 2004. In this appeal, we are concerned with the assessment years 1979-80, 1981-82, 1982-83 and 1983-84. The Appellant is a dealer under the Act. It is engaged in the sale of various items, including food colors and food essences and according to the Appellant, the aforesaid products are used in the manufacture of foodstuffs and food products.
3. At the sta
Sat Pal Gupta v. State of Haryana (1982) 1 SCC 610
ESI Corporation v. TELCO (1975) 2 SCC 835
A. Nagaraju Bros. v. State of A.P. 1994 Supp (3) SCC 122
Delhi Cloth and General Mills Co. Ltd. v. State of Rajasthan (1996) 2 SCC 449
CCE v. Wockhardt Life Sciences Ltd.
Craft Interiors (P) Ltd. v. CCE (2006) 12 SCC 250
State of Bombay v. Virkumar Gulabchand Shah 1952 SCR 877
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