Andhra Pradesh Value Added Tax Act, 2005 – Entry 88, Schedule IV; Schedule V – Respondent-Company registered under the 2005 Act is engaged in manufacturing, trading of industrial gases and also Medical Oxygen IP and Nitrous Oxide IP – Issue as to whether Medical Oxygen IP and Nitrous Oxide IP are taxable u/ Entry 88, Schedule IV or as ‘unclassified goods’ u/Schedule V and the resultant rate of tax to be levied on them – Held: Schedule IV prescribes a uniform tax rate of 4%/5% for listed goods – Entry 88 includes drugs and medicines, as defined in clauses (i), (ii) & (iii) of s.3(b), 1940 Act – Any drug or medicine that falls within the ambit of clauses (i), (ii) & (iii) of s.3(b) falls within the ambit of Schedule IV – Schedule V stipulates that all goods that do not fall within the ambit of Schedules I, III, IV & VI shall be taxed @ 14.5% – s.16, 1940 Act r/w the Second Schedule and the specification of Medical Oxygen in the Indian Pharmacopoeia (an autonomous institution of Ministry of Health and Family Welfare, Govt. of India, through its publication titled “Indian Pharmacopoeia” prescribes standards for identity, purity and strength of the drugs specified therein) lends support to respondent’s contention that Medical Oxygen IP is a drug as defined in s.3(b)(i), 1940 Act – Further, 2013 Prices Control Order contains the National List of Essential Medicines 2011 – Inclusion of Oxygen and Nitrous Oxide as Anesthesia therein lends support to its use in the diagnosis and treatment of a disorder or disease as specified in s.3(b)(1), 1940 Act – Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings falling within the ambit of s.3(b)(i), 1940 Act and are consequently covered in Entry 88, 2005 Act – Drugs and Cosmetics Act, 1940 – s.3(b)(i)-(iv); s.16 –Interpretation of Statutes – Essential Commodities Act, 1955 – s.3 – Drug (Prices Control) Order 2013.