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Issues: Whether ice-cream is a milk product within entry No. 12 of the Second Schedule to the Bengal Finance (Sales Tax) Act, 1941, and thus exempt from sales tax under section 6 of the Act.
Analysis: The expression "milk products" was not defined in the Act, so it had to be construed in its popular and commercial sense rather than by a technical or scientific meaning. Ice-cream, as understood in common parlance and as recognised in food standards and related governmental references, contains substantial milk content and is treated as a milk product. The attempt to confine entry No. 12 by ejusdem generis was rejected because the words "fresh milk ... and milk products" indicated a distinct and broader exempt category. The fact that certain specific milk items were separately mentioned elsewhere did not make the entry exhaustive.
Conclusion: Ice-cream is a milk product within entry No. 12 and its sale is exempt from assessment to sales tax under section 6 of the Act.