Mumbai, Dec 05: In a significant ruling on product classification under the Bombay Sales Tax Act, 1959, the Bombay High Court has held that Nescafé Premix must be taxed at 8% as “coffee / instant coffee,” and not at the higher rate of 16% applicable to general beverage powders.

Bench Applies Common Parlance Test to Determine Product Identity

A bench of Justices M. S. Sonak and Advait Sethna reiterated the cardinal principle that specific tax entries must prevail over general ones. Applying the common parlance test, the court concluded that Nescafé Premix, as marketed and consumed, had created a clear perception of “instant coffee”.

Dispute Was Over Whether Premix Falls Under 8% or 16% Tax Category

The case arose from a dispute between Nestlé India Ltd. and the Sales Tax Department reg

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