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2014 (2) TMI 764 - ALLAHABAD HIGH COURTWhether on oxygen IP (Indian Pharmacopoeia) the tax under the U.P. Trade Tax Act, 1948 is to levy under Entry "Medicine and Pharmaceutical Preparation" or under Entry "Oxygen and other gases - Held that:- oxygen (IP) is fully covered by Entry 26 of the notification dated 15.1.2000 i.e. "medicines and pharmaceutical preparation" and shall not be covered by Entry 47 of the notification dated 29.1.2001 which relates to '"oxygen and other gases". The oxygen (IP) i.e. medicinal oxygen being a drug fully covered by Entry 26 of the notification dated 15.1.2000 cannot be included in the general entry i.e. Entry 47 of the notification dated 29.1.2001. It is relevant to note that in Entry 47 there is an exclusion clause which excludes "such other gases as are included in any other notification issued under the Uttar Pradesh Trade Tax Act, 1948". The tax liability on oxygen (IP) i.e. medicinal oxygen, was only 8% and the assessment orders were correctly passed levying tax liability at the rate of 8% insofar as on oxygen (IP) is concerned and at the rate of 12% insofar as oxygen for industrial use is concerned. - Decided in favor of assessee. Reassessment proceedings - Held that:- We proceed with the assumption that respondents could have initiated the reassessment proceedings there being doubt regarding levying of tax on oxygen (IP) i.e. medicinal oxygen but we having already held that tax liability on oxygen (IP)/medicinal oxygen was only 8% which was rightly levied in the assessment order, the order granting permission for reassessment proceedings and the reassessment orders are unsustainable.
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