Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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The case involved the classification of Diagnostic Kits as "drugs" under the Drugs and Cosmetics Act, 1940. The court held that devices used for diagnosis fall under the definition of "drug" only if specified by the Central Government in the Official Gazette. Diagnostic Kits were deemed more akin to "devices" than "medicines" and would be considered as "drugs" under sub-section (iv) of Section 3 (b) if notified by the Central Government. The court noted the absence of evidence showing Diagnostic Kits are considered "medicines" or "drugs" by medical practitioners. If the Kits are notified as "drugs," they would be charged at 4% under Entry 48 of Schedule C; otherwise, they would fall under Entry 165 of Schedule D and be taxed at 12.5%. The court disposed of the petition accordingly.
The case involved the classification of Diagnostic Kits as "drugs" under the Drugs and Cosmetics Act, 1940. The court held that devices used for diagnosis fall under the definition of "drug" only if specified by the Central Government in the Official Gazette. Diagnostic Kits were deemed more akin to "devices" than "medicines" and would be considered as "drugs" under sub-section (iv) of Section 3 (b) if notified by the Central Government. The court noted the absence of evidence showing Diagnostic Kits are considered "medicines" or "drugs" by medical practitioners. If the Kits are notified as "drugs," they would be charged at 4% under Entry 48 of Schedule C; otherwise, they would fall under Entry 165 of Schedule D and be taxed at 12.5%. The court disposed of the petition accordingly.
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