Chartered Accountant
1572 Points
Joined August 2008
Schedule entry – Potato chips
The Division Bench overruled the decision of the Single Judge reported in (2009) 25 VST 632 (Mad.) and held that potato chips sold under brand names like "Lays" and "Uncle Chips" would be classifiable as "Processed vegetables" under Sch. Entry B-107 to the Tamil Nadu VAT Act 2006 and not under the residuary entry. The term "processing" would take within its ambit any such process including cutting and frying of potatoes. Unless the goods in question can by no conceivable process of reasoning be brought under any of the tariff items, recourse cannot be had to the residuary item.
Pepsico India Holdings P. Ltd. vs. CCT (2010) 29 VST 214 (Mad.)
Please Note that branded potato chips are exigible to VAT @ 12.5%....