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Nescafé Premix Qualifies As ‘Instant Coffee’, Attracts Lower 8 Per Cent Sales Tax: Bombay HC

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Mumbai: 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.

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”.

The case arose from a dispute between Nestlé India Ltd. and the Sales Tax Department regarding whether Nescafé Premix — containing 8.5% soluble coffee powder, 54% sucrose, 37% partially skimmed milk powder and 0.5% maltodextrin — should be classified under Schedule Entry C-II-3 (8%) or Entry C-II-18(2) (16%).

The Commissioner of Sales Tax had earlier ruled in 1998 that the product fell under the higher-taxed general entry for powders used in non-alcoholic beverages, emphasising that the coffee content was “minuscule 8.5%”.

The Maharashtra Sales Tax Tribunal reversed this decision in 2001, holding that ingredient percentage was not decisive — relying on Supreme Court precedent that even small quantities, like salt in food, do not alter the essential character of the final product.

Upholding the Tribunal’s order, the HC stressed that the product’s actual use and consumer understanding were crucial. “Ultimately, in all such matters, we must go by the common parlance test,” the bench said.

It noted that the premix was expressly marketed as Nescafé Premix and used to dispense Nescafé from vending machines simply by adding hot water. “The resultant product, in common parlance, was nothing but Nescafé,” the Court observed.

Rejecting the Department’s argument that low coffee content disqualified it from being considered instant coffee, the Court agreed with the Tribunal that removing coffee powder altogether would fundamentally change the product’s identity — demonstrating that the coffee component, though proportionally small, was determinative of classification.

The bench also emphasised that Entry C-II-3, covering “coffee” and “instant coffee”, was a specific entry and therefore prevailed over the general entry for beverage powders under C-II-18(2). “The concept of instant coffee must conform to modern development and modern perceptions,” the Court added.

Business

Indian stock market ends in bullish tone after RBI rate cut

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Mumbai, Dec 6: Indian equity benchmarks made marginal losses after hitting record highs and three weeks of consecutive gains due to profit booking. However, the market ended the week in a bullish tone after the Reserve Bank of India (RBI) delivered a 25 bps rate cut that lifted investor sentiment.

Benchmark indices Nifty and Sensex dipped 0.37 and 0.27 per cent during the week to close at 26,186 and 85,712, respectively.

Early optimism driven by strong Q2 GDP print and robust auto sales was overshadowed by persistent FII outflows, sharp rupee depreciation, and uncertainty over trade negotiations.

Broader indices underperformed, with the Nifty Midcap100 and Smallcap100 down 0.73 per cent and 1.80 per cent, respectively in a week.

Sentiment reversed on Friday after the RBI surprised markets with a 25-bps rate cut, supported by lower inflation forecasts and liquidity measures.

Gains during the week were led by auto, IT due to festive demand and favourable currency tailwinds. Banks, Finances, consumer durables, power, chemicals and oil & gas lagged.

As long as Nifty sustains above the 26,050–26,000 band, the bullish structure remains valid. Immediate resistance now lies at 26,350–26,500 zone and a break below 26,000 could lead to profit booking, said market experts.

With India’s economic growth remaining resilient despite tariff pressures and global headwinds, the Indian equity market is well-positioned to benefit if global fund flows begin to rotate back into emerging markets, market watchers said.

Investors are keen on cues from the US Federal Reserve’s monetary policy decision next week. Markets have already begun pricing in a 25 bps rate cut, supported by dovish commentary from several Fed officials and recent data pointing to softening labour market conditions.

Analysts said that shift in US Fed’s policy stance could sway currency movements and materially influence foreign portfolio investor flows into emerging markets including India.

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Business

IndiGo Crisis: 75-Yr-Old Woman Waits Hours For Luggage Without Medicines At Mumbai T2 Airport

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Mumbai, Dec 05: When IndiGo’s nationwide operational meltdown began disrupting flights earlier this week, thousands of passengers were caught in chaos across the country. Among them was a 75-year-old woman whose ordeal at Mumbai’s Terminal 2 gained attention after her daughter shared a distressed post on X. Thankfully, the woman has now reached home safely, but her experience reflects the scale of frustration travellers are facing.

In her post on X, Punita Toraskar wrote that her elderly mother had been waiting at T2 since noon, and even by 4:42 pm, she still hadn’t received her luggage. The situation was more alarming because the 75-year-old needed to take her medicines but was stuck waiting on an empty stomach, stranded amid the airport chaos.

Toraskar’s post quickly resonated with passengers across India who have been struggling with severe delays, cancellations, and a complete breakdown of communication from India’s largest airline.

IndiGo is currently grappling with one of the biggest operational crises in its history. Nearly 900 flights have been cancelled since Tuesday, triggered by a mix of staff shortages and the airline’s struggle to adapt to stringent new crew duty regulations.

Passengers at major airports — Delhi, Hyderabad, Bengaluru, and Kolkata — are facing hours-long queues, mounting delays, and skyrocketing airfares as alternative flight options shrink. Hotels are filling up, tempers are rising, and social media is flooded with frustration.

IndiGo has issued public apologies and claims it is rebooting its systems and schedules to stabilise operations. But for many travellers like Toraskar’s mother, the damage is already done.

Despite the turmoil, Punita confirmed later that her mother had finally reached home safely, a small relief in a week of aviation chaos.

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Business

Rs 7,253 crore spent so far in 2025-26 on sprucing up railway stations in India: Vaishnaw

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New Delhi, Dec 5: The government has spent Rs 7,253 crore so far (up to October), of the total budgetary allocation of Rs 12,118 crore for 2025–26, on the redevelopment of railway stations across the country under the Amrit Bharat Station Scheme, Railway Minister Ashwini Vaishnaw informed Parliament on Friday.

The minister stated in a written reply to a question in the Rajya Sabha that work is in progress at a good pace for the development of stations such as Tirupati, Yesvantpur, Rameswaram, and Safdarjung station in Delhi..

So far, 1,337 stations have been identified for development under this scheme since it was launched, of which 155 stations have been completed till now.

Vaishnaw said that the station development projects under the Amrit Bharat Station Scheme are primarily conceptualised with budgetary support. However, 15 stations have been identified to be explored for development under the Public Private Partnership (PPP) mode also and based on the experience gained from the same, further evolution of the scheme is envisaged.

He further stated that the ownership of stations and operations-related activity will be with the Indian Railways. However, for some identified major stations, specific activities or groups of activities may be entrusted to outside sources for specified tenures depending upon the type of activity, requirements of the station, demand, etc. The terms of the contract are decided on a case-by-case basis.

He said that the Amrit Bharat Station Scheme for the redevelopment of stations has been launched with a long-term approach.

The scheme involves the preparation of master plans and their implementation in phases to improve the stations. The master planning includes improvement of access to the station and circulating areas, integration of the station with both sides of the city, improvement of the station building and improvement of waiting halls, toilets, sitting arrangement, and water booths.

The redevelopment plans also include provision of wider foot over bridge or air concourse commensurate with passenger traffic, provision of lifts, escalators and ramps, improvement of platform surface and cover over platforms and provision of kiosks for local products through schemes like ‘One Station One Product’.

Besides, the construction of parking areas, multimodal integration, amenities for Divyangjans, better passenger information systems, provision of executive lounges, nominated spaces for business meetings and landscaping is being taken up, keeping in view the necessity at each station, Vaishnaw said.

The scheme also envisages sustainable and environment-friendly solutions, provision of ballastless tracks, etc., as per necessity, phasing and feasibility and creation of a city centre at the station in the long term, the minister added.

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