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2015 (8) TMI 1387 - KERALA HIGH COURT

2015 (8) TMI 1387 - KERALA HIGH COURT - TMI - Clarification as regards Classification of the drink “Appy Fizz” - It is the contention of the petitioner that the material, that was available before this Court in that case was not sufficient to determine the classification of the item and it is therefore, that they have preferred Ext.P13 application before the 2nd respondent for a clarification as regards the classification to be accorded to the item in question - Held that: - the interests of jus .....

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I.N.S.SHAJI FOR THE RESPONDENT : BY GOVERNMENT PLEADER SRI.LIJU V.STEPHAN JUDGMENT A.K.JAYASANKARAN NAMBIAR, J. The petitioner, who is a dealer in Fruit Juice based drink products known as Appy , Frooti , Appy Fizz etc, is also registered as such under The Kerala Value Added Tax Act (hereinafter referred to as the KVAT Act ). The issue involved in this writ petition pertains to the classification to be accorded to the drink Appy Fizz that is marketed by the petitioner. The petitioner has preferr .....

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ted branded soft drink and not as a fruit juice. It is the contention of the petitioner that the material, that was available before this Court in that case was not sufficient to determine the classification of the item and it is therefore, that they have preferred Ext.P13 application before the 2nd respondent for a clarification as regards the classification to be accorded to the item in question. In the writ petition, the petitioner is primarily aggrieved by Exts.P4 to P12 notices, that have b .....

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