June 17, 2014

'Jaljira' - is it 'Masala' or is it 'Edible Preparation'? SC reversed HC decision and held it 'Masala'

It was all about at which rate Sale Tax was required to be paid.

If it was "Edible Preparation", 10% Sales Tax.

If it was Masala, then 16% Sales Tax.

HC said it was edible preparation. It was not added in food, therefore it was not Masala.

SC reversed above judgement by saying that a Clarificatory order said that a combination of two or more masala is also a masala. Therefore Jaljira is Masala... Pay 16% Sales Tax.

Ref: CTO v. Jalani, SC decision dated 17/3/2011

Haresh Raichura