Medical Oxygen IP, Nitrous Oxide IP taxable under Andhra Pradesh VAT Act: SC

The Supreme Court held on Monday that "Medical Oxygen IP" and 'Nitrous Oxide IP" are taxable under the Andhra Pradesh Value Added Tax Act 2005 and sub-serve a medicinal purpose.

A bench of Justices D Y Chandrachud and Ajay Rastogi said there is no doubt that they are medicines used in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings falling within the ambit of Section 3(b)(i) of the 1940 Drugs and Cosmetics Act.

The top court upheld the judgment of the Andhra Pradesh High Court saying the two fall within Entry 88 of the 2005 Act. "We hold that Medical Oxygen IP and Nitrous Oxide IP fall within the ambit of Section 3(b)(i) of the 1940 Act and are consequently covered in Entry 88 of the 2005 Act. The impugned judgment of the High Court, to the extent it held that Medical Oxygen IP and Nitrous Oxide IP fall within Entry 88 of the 2005 Act is upheld," the bench said.

The question for consideration before the apex court was whether they are taxable under Entry 88 of Schedule IV of the Andhra Pradesh Value Added Tax Act 2005 or as "unclassified goods" under Schedule V. The classification of the two products determines the rate of tax to be levied on them.

The top court was hearing an appeal filed by Andhra Pradesh government against a company Linde India Pvt Ltd, engaged in the manufacturing and trading of industrial gases as well as Medical Oxygen IP and Nitrous Oxide IP which had earlier challenged the imposition of outstanding tax liability of of Rs 5,11,062 for the August 2005. The company filed an appeal before the Appellate Deputy Commissioner who, by his order dated June 26, 2006, affirmed the assessment of the Commercial Tax Officer.

Later, by an order dated November 25, 2014, the Sales Tax Appellate Tribunal, relying on a judgment of the Andhra Pradesh High Court allowed the appeal filed by the company. The Andhra Pradesh government's appeal before the High Court for the State of Telangana and the State of Andhra Pradesh was dismissed.

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