VidhiSangh

Supreme Court of India · 10/04/2023

M/S RECKITT BENCKISER (INDIA) LTD. versus COMMISSIONER COMMERCIAL TAXES & ORS.

[2023] 4 S.C.R. 63 · 2023 INSC 328

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Summary

Under the Kerala Value Added Tax Act, 2003 the assessee claimed that its mosquito mats, coils and vaporisers, Mortein insect killers, Harpic and Lizol were insecticides under Entry 44(5) of the Third Schedule taxable at 4 per cent, and that Dettol was a medicament under Entry 36(8)(h)(vi). The Commissioner and the Kerala High Court placed the first group under the specific entries for mosquito repellents and cleaning liquids in Notification SRO 82/2006 at 12.5 per cent and Dettol under the residuary entry. The Supreme Court upheld the classification of the mosquito products and cleaners, since specific entries prevail over the general insecticides entry which concerns agricultural use, but held that Dettol, having therapeutic and prophylactic properties and used in hospitals for surgical and medical purposes, is a medicament taxable at 4 per cent.

Issues

  1. Whether mosquito mats, coils, vaporisers and insect killers manufactured under an Insecticides Act licence are insecticides under Entry 44(5) of the Third Schedule to the KVAT Act or mosquito repellents under Entry 66 of SRO 82/2006.
  2. Whether Harpic and Lizol are insecticides or disinfectants under Entry 44(5) or cleaning liquids under Entry 27(4) of SRO 82/2006.
  3. Whether Dettol antiseptic liquid is a medicament under Entry 36(8)(h)(vi) of the Third Schedule or falls under the residuary entry.

Provisions considered

Held

Result

Appeal partly allowed; High Court judgment dated 17.12.2008 confirmed as to mosquito mats, coils and vaporisers, Mortein insect killers, Harpic toilet cleaner and Lizol floor cleaner, and set aside as to Dettol antiseptic liquid, which is held classifiable under Entry 36(8)(h)(vi) of the Third Schedule to the KVAT Act and taxable at 4 per cent; no costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 63.