In Re: State of Madras

Rajagopalan, J.—These are petitions presented by the State u/s 12-B of the Madras General Sales Tax Act, against the decision of the Appellate Tribunal, which held that the arecanwt sold by the assesses, all of whom belonged to the South Kanara district, was a horticultural produce within the meaning of Section 2 (i) of the Act.

In our judgment in State of Madras Vs. R. Saravana Pillai, , which has just been delivered, we pointed out the difference in the process adopted by the horticulturists of South Kanara district and those of Coimbatore district in preparing the arecanuts for sale. The process adopted by the horticulturists of South Kanara involves much less than that adopted by those of Coimbatore district. State of Madras Vs. R. Saravana Pillai, , was concerned with the processing to which the horticulturists of Coimbatore subjected the arecauuts.

All that is done in South Kanara is to gather the arecamit, peel and dry the kernel before it is sold. That cannot result in what is sold ceasing to be horticultural produce within the meaning of Section 2 (i) of the Act. These petitions are dismissed.