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2016 (7) TMI 139 - GUJARAT HIGH COURT

2016 (7) TMI 139 - GUJARAT HIGH COURT - TMI - Rate of tax on bulk drugs - Classification - Tribunal rejected the rectification application - Earlier Tribunal has held that there is no price fixation of bulk drugs manufactured by the appellant and therefore, the appellant is liable to pay tax @ 12.50% as mentioned in the Residuary Entry. - Held that:- It transpires from the impugned orders that before the Tribunal the appellant had put into service the submission regarding applicability of the pr .....

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of law. Hence, the matter requires reconsideration by the Tribunal. - Matter remanded back to the Tribunal for consideration afresh - Decided in favor of assessee. - TAX APPEAL NO. 824 of 2007 With TAX APPEAL NO. 825 of 2007 TO TAX APPEAL NO. 827 of 2007 - Dated:- 15-6-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI FOR THE APPELLANT : M/S WADIAGHANDY & CO, ADVOCATE FOR THE OPPONENT : MS MAITHILI MEHTA, AGP ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. These Tax Appeals involve common .....

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tion of bulk drugs manufactured by the appellant and therefore, the appellant is liable to pay tax @ 12.50% as mentioned in the Residuary Entry. 3. The following substantial questions of law arise in these appeals: (i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that once the bulk drug is taken out from its Schedule, it would become a Non-Scheduled drug free from price control under the Drugs Price Control Order ? (ii) Whether on .....

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rugs were taxable items and therefore, the appellant was required to pay tax on its sales. The appellant replied to the said notice. However, the Revising Officer dismissed the contention of the appellant and held that the two medicines were taxable items and that they would not be entitled to the benefit of Notification within Entry 83 of the said Act. 5. Being aggrieved by the order of Revising Officer, the appellant preferred Revision Application before the Tribunal. By common order dated 13. .....

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