Don’t take people for a ride by claiming aerated water to be fruit juice, SC tells company – Pespro News

NEW DELHI:

Health conscious people are generally taken in by manufacturers advertising aerated water as fruit juice but some of these drinks have less than 13% fruit juice content.

Shocked by this fact, the Supreme Court on Mondaycame down heavily on one such manufacturer. It asked unscrupulous manufacturers to stop taking people for a ride and ruled that higher tax meant for aerated water drinks would be levied on them as they were not entitled to the concessional tax regime for fruit juices.

The court dismissed a petition filed by M/s Trade Lines seeking concessional VAT regime meant for fruit juices for its product ‘Appy Fizz’, manufactured by Parle. It said lower tax could be applied if the drink was a fruit juice and not just aerated water with added fruit flavour.

A bench of Chief Justice H L Dattu and Justices A K Sikri and R K Agrawal remained unconvinced by the arguments of petitioner’s counsel S K Bagaria. “What you give people in the name of fruit juice is just aerated water. And you claim that they will develop muscles by drinking this,” the bench said. It noted that ‘Appy Fizz’ had only 12.7% fruit juice content.

“Please increase fruit juice content in your drink and then claim tax relaxation. You are taking people for a ride by saying that they will develop muscles by drinking it,” the court said.

The bench said several courts, including the Kerala High Court, had held concurrently that the product was to be taxed at 20% rate, which was meant for aerated water drinks, rather than the concessional 12.5% rate for fruit juices. It said there was no need to interfere with the HC order.

The petitioner ‘Trade Lines’ had approached the SC challenging the Kerala HC’s November 17 order directing it to pay 20% VAT on the product. After examining the contents of the drink, the HC came to the conclusion that the product came in the category of aerated water and not fruit juice.

“The product in question is an aerated soft drink consisting of fruit juice also and the content of the fruit juice is only 12.7%. In other words, the product is an aerated soft drink and the fruit juice is added as flavouring agent which cannot alter the character of the product,” the HC had said in its order.

TOI

JMC launches drive against adulterated milk

Jammu Tawi, January 19
Under the supervision of Municipal Commissioner, Er Kiran Wattal, Food Wing of Municipal Corporation headed by Designated Officer Dr. Mohd. Saleem Khan and Food Safety Officers, two samples of Double Toned Milk “Go Brand” were lifted during routine checking in the month of August, 2014 from the premises of M/S Best Price, Wall Mart India Pvt. Ltd. Akhnoor Road,Toph Sherkhania and M/S Parag Milk Foods Pvt. Ltd. Akali Kour Singh Nagar, Digiana, Jammu (Distributor/Supplier) of Double Toned Milk “Go Brand” and were sent to the Food Analyst, Jammu for analysis . 4503 Ltrs of said milk was seized and kept in the safe custody of designated officer (Health Officer) Jammu Municipal Corporation.
The Food Analyst reported the samples Mis-branded on September 20, 2014 and accordingly prosecution was launched in the Court of Law i.e. Adjudicating Officer (FSSA 2006) (Additional District Magistrate), Jammu by the concerned Food Safety Officers Ashwani Kumar and Parveen Gupta.
The designated Court after hearing, convicted accused parties i.e. M/S Best Price, Wall Mart India Pvt. Ltd. Akhnoor Road,Toph Sherkhania and M/S Parag Milk Foods Pvt. Ltd. Akali Kour Singh Nagar, Digiana, Jammu and M/S Parag Milk Product Pvt. Ltd. Samundrapalli Village Pengeragunta Post, Palamaner Mandal, Chittor Disst. Andra Pardesh by imposing a fine of Rs. 20,000 (Twenty Thousand Only ) to the accused parties referred above and further ordered that the seized product being of perishable nature and also not safe for the consumers be destroyed. In compliance to these orders dated 06.01.2015, the designated officer and Food Safety officers concerned destroyed the seized products on January 19, 2015 in presence of Executive Magistrate and local media.
It is pertinent to mention here that Jammu Municipal Corporation in its previous major drives on certain occasions also destroyed quintals of sweets, milk, milk products and other food articles being prepared under unhygienic conditions largely in the public interest and for safety of general public.

JMC destroys 4503 litres of ‘Go’ brand milk

JAMMU: Jammu Municipal Corporation (JMC) on Monday destroyed the already seized nearly 45o3 litres of double toned substandard milk of ‘Go’ brand.
Under the supervision of Municipal Commissioner, Kiran Wattal, the Food Wing of JMC headed by Health Officer, Dr. Mohammad Saleem Khan and Food Safety Officers lifted two samples of Double Toned Milk ‘Go Brand’ during routine checking in the month of August, 2014 from the premises of M/s Best Price, Wall Mart India Pvt. Ltd. Akhnoor Road and M/s Parag Milk Foods Pvt. Ltd. Akali Kour Singh Nagar, Digiana, Jammu (Distributor/Supplier) of Double Toned Milk ‘Go’ brand and were sent to the Food Analyst, Jammu for analysis . About 4,503 litres of said milk was seized and kept in the safe custody of designated officer (Health Officer) Jammu Municipal Corporation.
The Food Analyst reported the samples Mis-branded on 20th September 2014 and accordingly prosecution was launched in the Court of Law i.e. Adjudicating Officer (FSSA 2006) (Additional District Magistrate), Jammu by the concerned Food Safety Officers Ashwani Kumar and Parveen Gupta.
The designated Court after hearing, convicted accused parties i.e. M/s Best Price, Wall Mart India Pvt. Ltd and Parag Milk Foods Pvt. Ltd and M/s Parag Milk Product Pvt. Ltd by imposing a fine of Rs. 20,000 to the accused parties referred above and further ordered that the seized product being of perishable nature and also not safe for the consumers be destroyed.
In compliance to these orders dated 6th January 2015, the designated officer and Food Safety officers concerned on Monday destroyed the seized products in the presence of Executive Magistrate and local media.
It is pertinent to mention here that Jammu Municipal Corporation in its previous major drives on certain occasions also destroyed huge quantities of sweets, milk, milk products and other food articles being prepared under unhygienic conditions largely in the public interest and for safety of general public.