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Plea challenging imposition of Integrated GST (IGST) on the import of oxygen concentrators for personal use filed in Delhi HC

By Shreyas Nair      08 May, 2021 03:19 PM      0 Comments
Integrated GST oxygen concentrators Delhi HC

On Tuesday (May 4, 2021), the Delhi High Court heard a plea questioning the imposition of Integrated GST (IGST) on the import of oxygen concentrators for personal use, despite the fact that the necessary equipment is currently in short supply in the country due to the Covid-19 pandemic.

Since there was no representative from the central government in the meeting, a bench of Justices Rajiv Shakdher and Talwant Singh said it needed to ask some questions of the counsel for the Centre on the subject, and the court set the matter for hearing on (May 05, 2021) Wednesday. 

According to the petition, an 85-year-old man with Covid-19 received an oxygen concentrator as a present from his nephew in the United States to help him with his illness.

Senior advocate Sudhir Nandrajog, who represents the complainant, said the ministry released another notification on Monday(May,03 2021) stating that if it is provided for charity, it is excluded from IGST. The May 1 warning, according to the petition, violates Articles 14 and 21 of the Constitution because it is unconstitutional and infringes on the right to life of patients affected by the Covid-19 pandemic.

It said that the notice requires the complainant and other similarly situated Indian people to pay IGST for anything as essential as an oxygen concentrator that was given to them expressly for their personal use, despite the fact that there is a national crisis due to the lack of oxygen concentrators and other medical equipment.

He has questioned the Ministry of Finance's May 1 announcement that all oxygen concentrators manufactured for personal use, regardless of whether they are gifts or not, will be subject to a 12% IGST.

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