https://www.taxtmi.com/caselaws?id=753090 Diagnostic kits composed of reagents, chemicals and apparatus were treated as medical devices rather than medicines in common parlance, so they did not fall within "drug" under Section 3(b)(i) of the Drugs and Cosmetics Act, 1940. Devices used for diagnosis can be treated as drugs under Section 3(b)(iv) only if specifically notified by the Central Government in the Official Gazette after consultation with the Drugs Technical Advisory Board, and no such notification was shown. Accordingly, the kits were classified under the residuary entry pending notification, with VAT attracted at 12.5% rather than the concessional rate claimed. en-us Wed, 29 Nov 2023 00:00:00 +0530 Sat, 25 May 2024 08:07:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753090 Diagnostic kits composed of reagents, chemicals and apparatus were treated as medical devices rather than medicines in common parlance, so they did not fall within "drug" under Section 3(b)(i) of the Drugs and Cosmetics Act, 1940. Devices used for diagnosis can be treated as drugs under Section 3(b)(iv) only if specifically notified by the Central Government in the Official Gazette after consultation with the Drugs Technical Advisory Board, and no such notification was shown. Accordingly, the kits were classified under the residuary entry pending notification, with VAT attracted at 12.5% rather than the concessional rate claimed. Case-Laws VAT and Sales Tax Wed, 29 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753090