Supreme Court stays Delhi HC’s IGST order on oxygen concentrators

New Delhi: The Supreme Court on Tuesday stayed the operation of Delhi High Court order, which held that imposition of Integrated Goods and Services Tax (IGST) on the import of oxygen concentrators as gift for personal use is unconstitutional.

A bench comprising Justices D.Y. Chandrachud and M.R. Shah said: “We issue notice and till next date of hearing there shall be stay on operation of the May 21 order of the Delhi High Court.”

Attorney General K.K. Venugopal, representing the Ministry of Finance, said the government removed the slab from 28 per cent and brought to 12 per cent, but still they’re saying that Article 21 is violated.

The AG argued that several hundreds of such equipment will be imported using the High Court order. The AG submitted that the GST council is holding a meeting on June 8 and this matter will be taken up.

The top court noted that on May 28 at 43rd GST Council meeting, a decision was taken to constitute a council of ministers to provide further relief to Covid related items.

The top court added the Centre has submitted that the High Court entered into an area of pure policy, by granting exemption to state and its agencies in the import of oxygen concentrators.

After a brief hearing in the matter, the top court issued notice on the plea filed by Ministry of Finance challenging the High Court order and stayed the High Court judgment till the next date of listing.

The Delhi High Court had held the imposition of IGST on import of oxygen concentrators for personal use is “unconstitutional”. A division bench comprising Justices Rajiv Shakdher and Talwant Singh said the imposition of IGST on oxygen concentrators imported by individuals or received by them as gifts, for personal use is, unconstitutional.

The High Court quashed the May 1 notification levying 12 per cent IGST on imported oxygen concentrators.

The court noted that importers of oxygen concentrators would have to furnish a letter of undertaking to the concerned authority, declaring that device is for personal use, and not for commercial use.

The order was passed on the plea of Covid-19 patient, whose nephew had sent an oxygen generator as gift from the US. The petitioner counsel had argued that the imposition of IGST by the central government on devices meant for personal use violated the Article 14 and also abridged the right to have oxygen, which was part of the right to life under Article 21 of the Constitution.


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