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Plea in Delhi HC challenges IGST on import of oxygen concentrators as gift for personal use

ANI
·2-min read
Representative Image
Representative Image

New Delhi [India], May 4 (ANI): A petition has been filed in the Delhi High Court seeking that Integrated Goods and Services Tax (IGST) on the import of oxygen generators as gifts for personal use be declared as "unconstitutional".

A division bench of Justices Rajiv Shakdher and Talwant Singh said that it will hear the matter on Wednesday.

The plea sought to quash the notification of May 1 issued by the central government.

"Pass a writ or order in the nature of a declaration declaring the imposition of IGST on the import of oxygen generators as gifts for personal use to India as being unconstitutional, " the plea said.

The petition was filed by 85-year-old Gurcharan Singh through caregiver and grandson Ankit Sahni.

The petitioner had retired from his service 20 years ago. He resides in Delhi and is suffering from COVID-19.

Raj Gupta, the nephew of the petitioner who resides in the United States, sent him an oxygen concentrator as a gift through air cargo for to provide him relief.

The petition challenges a notification of May 1, 2021 which states that oxygen concentrators imported for personal use, irrespective of whether they are a gift or otherwise, will be charged with an Integrated GST (IGST) of 12 per cent.

The government had on Saturday slashed Integrated GST rate on oxygen concentrators for personal use to 12 per cent, from 28 per cent earlier, for two months.

The plea said the notification will force the petitioner to pay IGST of 12 per cent on Rs 89,550 and it comes about to Rs 10,745.

The petitioner said the notification was violative of Articles 14 and 21 of the Constitution, is arbitrary and infringes the right to life of patients reeling under the COVID-19 pandemic. (ANI)