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    <title>2009 (1) TMI 803 - KERALA HIGH COURT</title>
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    <description>Old and unyielding rubber trees sold from a plantation were not treated as agricultural produce for turnover exemption under the Kerala General Sales Tax Act, because the plantation&#039;s agricultural produce was latex and the statutory explanation excluded rubber and timber. A contract for cutting and removing standing rubber trees was nevertheless treated as a sale of goods, as attached items agreed to be severed can fall within the sale concept for sales tax purposes. The trees were also regarded as timber within the statutory exclusion. On that basis, the sale of the standing trees was taxable and exemption was unavailable.</description>
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    <pubDate>Thu, 29 Jan 2009 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=164084</link>
      <description>Old and unyielding rubber trees sold from a plantation were not treated as agricultural produce for turnover exemption under the Kerala General Sales Tax Act, because the plantation&#039;s agricultural produce was latex and the statutory explanation excluded rubber and timber. A contract for cutting and removing standing rubber trees was nevertheless treated as a sale of goods, as attached items agreed to be severed can fall within the sale concept for sales tax purposes. The trees were also regarded as timber within the statutory exclusion. On that basis, the sale of the standing trees was taxable and exemption was unavailable.</description>
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      <pubDate>Thu, 29 Jan 2009 00:00:00 +0530</pubDate>
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