2002 (2) TMI 1297

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... es (S.S)-opposite party No. 2 declaring that mineral water will come within the category of soft drink. The said decision of opposite party No. 2 is filed as annexure 3, which is a communication to opposite party No. 4. Pursuant to the said correspondence, opposite party No. 4 informed the writ petitioner that in view of the clarification issued by the Joint Director of Industries (S.S), Cuttack, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... definition of "mineral water" has been given. Mineral water means all kinds of mineral water or natural mineral water by whatever name it is called and sold. 4.. Learned counsel for the writ petitioner with reference to annexure 5 notification dated September 4, 2000 submitted that the said notification excludes from the privilege of exemption, a unit manufacturing fruit juice base, aerated wate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nnexure 4 will not be justified in this writ petition. 6.. Moreover, in view of the decision of the Supreme Court in Sales Tax Officer v. Shree Durga Oil Mills [1998] 108 STC 274 (SC); AIR 1998 SC 591, even if there be any intended benefit as per the Industrial Policy Resolution, the assessee can get the benefit only if there is a notification in terms of section 6 of the Orissa Sales Tax Act, 19 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X