State Of Uttaranchal vs Balwant Singh Chaufal & Ors on 18 January, 2010
Equivalent citations
Sales tax-Exigibility to tax-Whether shrimps, prawns
and lobsters subjected to processing like cutting of heads
and tails, peeling, deveining, cleaning and freezing cease ... appellants are a partnership firm carrying on
business as dealers in shrimps, prawns and lobsters and
other sea food products. They are registered
JUDGMENT:
J U D G M E N T
Kuldip Singh, J.
Shrimp (Prawn Culture Industry is taking roots in
India. Since long the fishermen ... Indian have been
following the traditional rice/shrimp rotating acqua culture
system. Rice is grown during part of the year and shrimp and
other fish
would appear from the judgment of the Tribunal that the
assessee bought shrimps, peeled them and froze them. There
is no other material ... opinion. The High Court held that buying and processing of
shrimps involved production and, therefore, the assessee was
entitled to the allowance that it claimed
Deep Sea Fishing Division" for fishing shrimps in the deep sea.
3. The trawlers and the equipments were utilised not only for fishing ... also for decapitating, peeling and packing shrimps in special containers and freezing them in special quick-freezing chambers installed in the vessels
answer. In that case, the Supreme Court was required to consider whether shrimps, prawns and lobsters, when subjected to the process of cutting of heads ... Sterling Foods ' case [1986] 63 STC 239 that processed or frozen shrimps, prawns and lobsters are commercially regarded as the same commodity
case,
the tribunal has held that the duty of Central excise on
shrimps and shrimp seeds produced and removed by the
assessee-respondent ... assessee produced and
sold 11,15,29,540 number of shrimp seeds and 48,365 kg of
shrimps in DTA without obtaining the permission
Sterling Foods (supra), the
question that arose for consideration was whether shrimps, prawns and
lobsters subjected to processing like cutting of heads and tails, peeling ... under the description of
shrims, prawns and lobsters or in other words, shrimps, prawns and lobsters
would mean only raw shrimps, prawns and lobsters
Judges rendered on 21st July, 1986.
There the Court was concerned with Shrimps, prawns and
lobsters locally purchased for complying with export orders
and after ... under prior contract of sale. It was
held that after such processing, shrimps, prawns and
lobsters retained their original identity and did not become
different
engaged in the processing as well as export of shrimps. The assessee claimed to have exported 47.1 metric tons of Shrimps worth Rs. 54.88 lakhs ... Exports Ltd. acted as its agent both in processing shrimps, as well as exporting shrimps on behalf of the assessee. The assessing authority held that