Supreme Court of India

The State of Andhra Pradesh v. M/s Linde India Ltd.

Neutral citation
Reported as [2020] 5 S.C.R. 838
Bench Dr. Dhananjaya Y Chandrachud and Ajay Rastogi JJ.
Decided 13 April 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

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.

Judgment, page 22

From the headnote

Andhra Pradesh Value Added Tax Act, 2005 – Entry 88 , Schedule IV; Schedule V – Respondent-Company registe red under the 2005 Act is engaged in manufacturing, trading o f industrial gases and also Medical Oxygen IP and Nitrous Oxide IP – Issue as to whether Medical Oxygen IP and Nitrous Oxide IP are taxa ble u/ Entry 88, Schedule IV or as ‘unclassified goods’ u/Schedule V and the resultant rate of tax to be levied on them – Hel d: Schedule IV prescribes a uniform tax rate of 4%/5% for listed goods – Ent ry 88 includes drugs and medicines, as defined in clauses (i), ( ii) & (iii) of s.3(b),

Where later benches applied it

Of those, 1 referred to

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