VidhiSangh

Supreme Court of India · 13/04/2020

THE STATE OF ANDHRA PRADESH versus M/S LINDE INDIA LTD.

[2020] 5 S.C.R. 838 · 2020 INSC 334

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Summary

The Supreme Court held that Medical Oxygen IP and Nitrous Oxide IP are drugs or medicines within Section 3(b)(i) of the Drugs and Cosmetics Act and therefore taxable under Entry 88 of Schedule IV to the Andhra Pradesh VAT Act, rather than as unclassified goods. Their medicinal and facilitative uses in treatment, together with pharmacopoeial and essential-medicines recognition, supported that classification. The decision concerned these medical products, not all variants of the gases.

Issues

  1. Whether Medical Oxygen IP and Nitrous Oxide IP were taxable as drugs and medicines under Entry 88 or as unclassified goods under Schedule V.
  2. How the statutory definition of drugs applies to medicinal and facilitative uses.

Provisions considered

Held

Result

State appeals dismissed; High Court classification under Entry 88 upheld for the reasons given by the Supreme Court. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 838.