M/S Hamdard (Wakf) Laboratories vs. Commissioner, Commercial Tax, U.P. (2026)

The Supreme Court classifies 'Sharbat Rooh Afza' as a 'fruit drink' under Entry 103 of UPVAT Act, reversing the residuary entry classification and directing refund of excess VAT.
Supreme Court of India

Legal Provisions Involved: Entry 103, Schedule II, Part A and Schedule V of the Uttar Pradesh Value Added Tax Act, 2008; Fruit Products Order, 1955; Central Excise Tariff Act, 1985

Judgement by: Supreme Court of India

Judge/Bench: Justice B.V. Nagarathna and Justice R. Mahadevan

Facts

The Appellant is a manufacturer of ‘Sharbat Rooh Afza’ and paid VAT at 4% treating the product as a ‘fruit drink’ under Entry 103. The assessing authorities classified it under the residuary entry at 12.5%, which was affirmed by the Tribunal and Allahabad High Court.

Key Legal Provisions

Entry 103, Schedule II, Part A and Schedule V of the Uttar Pradesh Value Added Tax Act, 2008; Fruit Products Order, 1955; Central Excise Tariff Act, 1985

Issues raised

  1. Whether ‘Sharbat Rooh Afza’ qualifies as a ‘fruit drink’ under Entry 103 or falls under the residuary entry?
  2. Whether regulatory classification under food safety laws governs fiscal classification under VAT statutes?

Arguments of the case

The Appellant argued that Entry 103 is inclusive and encompasses fruit-based beverages; the essential character test mandates classification based on the ingredient imparting distinctive identity. The Respondent on the other hand, argued that the product contains only 10% fruit juice and is licensed as ‘non-fruit syrup’; under the common parlance test, it cannot be regarded as a fruit drink

Judgement

The Supreme Court allowed the appeals, holding that ‘Sharbat Rooh Afza’ is classifiable as a ‘fruit drink’ under Entry 103 at 4% VAT. 

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