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As per AP VAT Act , liquid medical oxygen IP is taxable at 5%.
As per AP VAT Act , liquid medical oxygen IP is taxable at 5%.
HC held that liquid medical oxygen IP, medical grade oxygen and nitrous oxide IP under a licence granted under Drugs and Cosmetics Rules, 1945 manufactured by assessee would fall under Entry No. 88 of Fourth Schedule to VAT Act and were liable to tax at rate of 4/5 per cent. Since, goods were surgical aids used for or in treatment and mitigation of disorders in human beings. Thus, AO contention can't be sustained to levy tax @ 12.5/14.5 per cent.-007561
1. In section 6 of the Haryana Value Added Tax Act, 2003 ,Rule 22 of the Haryana VAT- Taxable turnover. 2. Assesse filed a return for claiming the returned goods sold to a person in year 2005-06. 3. Claim was refused by the assesing officer under the context that the assessee is not claming the benefit in the quarter goods were actually returned. 4. Tribunal upheld acc. to rule 22(4) that to claim the benefit, the assessee should file the return in the same quarter of goods returned.5. However, assessing officer was not able to prove from the documents that the goods returned related to some other quarter. 6. Hence It was held that officer should collect evidence to ascertain the quarter to which the goods returned related.
Case Reference- Inox Air Products Ltd. v. Assistant Commissioner (CT)-IX, Enforcement Wing, Hyderabad
[2015] 59 taxmann.com 250 (Andhra Pradesh and Telangana)
HIGH COURT OF ANDHRA PRADESH
