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2017 (11) TMI 1091 - HC - VAT and Sales TaxClassification of goods - Parachute Coconut Oil - Medikar - Held that: - Entry 43 of Schedule II Part A of the U.P. VAT Act, 2008 mentions edible oil and oil cake therefore if Parachute pure coconut oil which is marked as "edible" on its packaging cannot be lebeled as hair oil and therefore an unclassified item liable to tax at 12.5% it must necessarily be classified as edible oil under Entry no. 43 of Schedule II Part A - Parachute oil would be liable to tax at 4% and not as an unclassified item taxable at 12.5%. Medikar - Held that: - Mediker which is used for anti-lice treatment is a drug because of its medicinal affect - Once it is a drug, it cannot be a shampoo. As a natural corollary, it will not invite the liability of levy of entry tax. Revision dismissed - decided against Revenue.
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