TMI Blog1980 (10) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing question of law to this Court for its opinion: "Whether, under the facts and circumstances of the case, 'mawa' is cooked food and covered by entry No. 8 of Part I of Schedule II?" 2.. The material facts giving rise to this reference briefly are as follows The non-applicant deals in mawa, ghee, and oilcakes and is a "dealer" under the Act. During the assessment proceedings for the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Advocate, relying upon the decision reported in Commissioner of Sales Tax v. Shri Ballabhdas Ishwardas[1968] 21 S.T.C. 309., contended that "cooked food" meant those things which one ate at regular times of the day at breakfast, dinner or supper. But it is significant to note that the entry, which came up for consideration before this Court in Commissioner of Sales Tax v. Shri Ballabhda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking. In Santosh Kumar Ghosh v. Commercial Tax Officer[1965] 16 S.T.C. 931., the Calcutta High Court held. that "chhana", which is prepared by boiling milk and adding lactic or citric acid to it, is "cooked food". In our opinion, therefore, the Board is right in holding that mawa is cooked food and is covered by entry 8 of Part I of Schedule II to the Act. 4.. Our answer to the question referre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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