MERIND LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AT the instance of the applicant, larger Bench of the Maharashtra Sales Tax Tribunal, Mumbai, has referred the following questions for the decision of this Court under Section 61 of the Bombay Sales Tax Act, 1959 :

(2.) THE dispute in the present reference relates to the classification of diagnostic kits sold by the applicant (hereinafter referred to as "the assessee"), vide sale invoice dated August 27, 1996. The larger Bench of the Tribunal has held that the diagnostic kits sold by the assessee are not classifiable as "drugs" under Schedule, entry C-II-37, but the same are classifiable as scientific and laboratory instrument/equipment under Schedule, entry C-II-106, of the Bombay Sales Tax Act, 1959 ("the BST Act", for short ).

(3.) THE assessee is a public limited company engaged in the business of manufacture/import of medicines, diagnostic kits, etc. The assessee is duly registered under the provisions of the BST Act. The assessee holds a licence under the Drugs and Cosmetics Act, 1940 ("the Drugs Act") for manufacture/import of various products.