High CourtsDivision Bench(1997) 07 AP CK 0071

Gunturu Zilla Gruha Parisramala Sangham Rice Mill vs Government of Andhra pradesh and Others

Andhra Pradesh High Court · Decided on 17 July 1997 · Citation: (1998) 110 STC 172

HON’BLE JUDGES
K.B. Siddappa, J · B. Subhashan Reddy, J
CASE NUMBER
Writ Petition No''s. 19826 and 19827 of 1996

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 213 words

B. Subhashan Reddy, J.—These two writ petition raise a common point. The petitioners are miller-dealers having obtained licence under the provisions of the Rice Milling Industry Regulation Act, 1952 and are financed by the Khadi and Village Industries Board. But that alone is not sufficient for claiming exemption from the sales tax as declared under G.O. Ms. No. 2566, Revenue (S) Department, dated June 11, 1980. The said Government Order grants exemption only to the processing of cereals and pulses industry and the question is whether rice comes within that item and definition.

2.

A look at Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 at items 20 to 22 clears the mist as cereals are separately and specifically defined at item 20, while paddy at item 21 and rice at item 22. When the word "cereals" is used without specifying the paddy and rice, there may be a question for consideration as the paddy and rice come within the general definition of "cereals"; but when specifically it was mentioned in the Schedule separating the paddy and rice from cereals, it only means that the exemption does not cover the paddy and rice.

3.

In the circumstances, these writ petitions, which are devoid on merits, are dismissed; but without costs.