https://www.taxtmi.com/caselaws?id=753090 The J&K and Ladakh HC held that diagnostic kits are devices rather than medicines under the Drugs and Cosmetics Act, 1940. While Section 3(b)(i) covers medicines for diagnosis and Section 3(b)(iv) covers diagnostic devices, devices only qualify as drugs if notified by the Central Government in the Official Gazette. Since the petitioners failed to demonstrate such notification for the diagnostic kits in question, they cannot be treated as drugs under Section 3(b)(iv). Consequently, these kits attract 12.5% VAT under Entry 165 of Schedule D rather than the 4% rate applicable to drugs under Entry 48 of Schedule C, unless subsequently notified as drugs by the Central Government. 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 The J&K and Ladakh HC held that diagnostic kits are devices rather than medicines under the Drugs and Cosmetics Act, 1940. While Section 3(b)(i) covers medicines for diagnosis and Section 3(b)(iv) covers diagnostic devices, devices only qualify as drugs if notified by the Central Government in the Official Gazette. Since the petitioners failed to demonstrate such notification for the diagnostic kits in question, they cannot be treated as drugs under Section 3(b)(iv). Consequently, these kits attract 12.5% VAT under Entry 165 of Schedule D rather than the 4% rate applicable to drugs under Entry 48 of Schedule C, unless subsequently notified as drugs by the Central Government. Case-Laws VAT and Sales Tax Wed, 29 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753090