38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

For Indians, it's a George Floyd moment: the Delhi High Court has ruled that the imposition of IGST on personal oxygen concentrators is 'unconstitutional'

By Kartikey Garg      25 May, 2021 09:06 PM      0 Comments
For Indians, it's a George Floyd moment: the Delhi High Court has ruled that the imposition of IGST on personal oxygen concentrators is 'unconstitutional'

The imposition of a 12 percent Integrated Goods and Service Tax (IGST) on oxygen concentrators for personal use or as gifts, according to the Delhi High Court, is "unconstitutional." 

In a different setting, a bench consisting of Justice Rajiv Shakdher and Justice Talwant Singh said this is a George Floyd moment for the citizens of the country, where several of them were gasping for air due to a lack of medical oxygen.

The court overturned the Union finance ministry's May 1 notification imposing a 12 percent IGST on concentrators imported for personal use, regardless of whether they were a gift or not, stating that the "virus has brought out the best and worst in people."

“We have messiahs,” says the narrator. There are charlatans among us. There are hoarders in our midst. Strangers have reached out with a kind and caring hand when they could have remained cocooned in the safety of their homes. In its 33-page order, the court noted, "Brave hearts, there are many doctors, nurses, and personnel manning public institutions."

The decision was based on a petition filed by advocate Siddharth Bambha on behalf of an 85-year-old Covid-19 patient who challenged the imposition of a 12 percent IGST on oxygen concentrators after his nephew sent them to him as a gift from the United States. To prevent the misuse of oxygen concentrators for commercial purposes, the court ordered that anyone importing concentrators for personal use or as a gift must provide a letter of undertaking to the Centre's designated officer stating that the device will not be used for commercial purposes.

On Monday (May 3, 2021) the finance ministry issued a notification in response to the petition, exempting IGST on oxygen concentrators received as donations or gifts for the state government, or if purchased through a canalising agency. Individuals, on the other hand, were not included in the exemption list. For the petitioners, senior advocate Sudhir Nandrajog and advocate Bambha argued that such a distinction was unconstitutional. According to the court, such a distinction is "arbitrary," "unreasonable," and in violation of Article 14 of the Constitution.



Share this article:



Leave a feedback about this
TRENDING NEWS

supreme-court-orders-cbi-probe-into-alleged-murder-of-manipur-girl-emphasizes-fair-criminal-investigation
Trending Judiciary
Supreme Court Orders CBI Probe into Alleged Murder of Manipur Girl: Emphasizes Fair Criminal Investigation [Read Judgment]

Supreme Court emphasizes fair criminal investigation, warns unresolved crimes erode public trust. Orders CBI probe into Manipur girl's alleged murder.

27 March, 2024 01:09 PM
india-summons-us-diplomat-over-state-dept-remarks-on-kejriwals-arrest
Trending International
India summons US diplomat over state dept remarks on Kejriwal's arrest

After CAA, U.S. wades into Arvind Kejriwal’s arrest. Here's how India responded.

27 March, 2024 04:41 PM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email