The Commissioner Of Income Tax vs M/S.Cauvery Enterprises on 5 August, 2021
11.The learned Standing Counsel placed
reliance on the decision of the Division Bench of the High
Court of Kerala in Nishanth Exports v. Assistant
Commissioner of Income-Tax, Circle-1, Mattancherry
reported in (2018) 401 ITR 401 (Kerala). The said
decision also would not help the case of the Revenue,
because, whether garbling to make pepper edible would
amount to giving rise to a different commodity distinct
from the raw pepper purchased, was the issue therein.
Admittedly, in the said case, the pepper both in raw form
or in edible form, continued to remain as pepper.