Lawstreet Journal

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'

Lawstreet Journal 26 May 2021 2:36am

Image courtesy: Lawstreet Journal 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'

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… Continue Reading...


Tagged: Oxygen Concentrator  
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