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SC issues notice to Finance Ministry, on a plea seeking dismissal of GST levy on mobility aid for disabled

Team SoOLEGAL 22 Aug 2017 5:26pm

SC issues notice to Finance Ministry, on a plea seeking dismissal of GST levy on mobility aid for disabled

In a petition filed by the disability rights activist Nipun Malhotra, challenging the levy of GST on the equipment supplied to persons with Disabilities (PWD), the Supreme Court on Monday, issued a notice to Center, seeking its response on the matter.

A bench comprising CJI Khehar and DY Chandrachud sought for an explanation from the Ministry of Finance on a plea seeking the cancellation of imposing GST on special equipment like Wheelchair, Crutches, tricycles, etc designed for people who suffer Physical deformities.

Advocate Jai A Dehadrai representing the petitions claimed that levy of GST on such essential requirements is the violation of their Fundamental Rights and Article 14, 15, 19, and 21 of the Constitution.

The Court, in the beginning, expressed uncertainty in allowing the petition for hearing, later issued Notice to Center and Finance Ministry after the wheel-chaired activist Nipun Malhotra alleged the Center for collecting Tax even from differently-abled persons is unconstitutional.

The appellant argued that imposition of GST on special equipment for disabled is like charging a financial penalty to the disabled for walking.

It is also observed that levy of GST on such items is the violation of Fundamental rights of the disabled person with regards to prohibition of discrimination. The petitioner requested to withdraw the levy of all GST tax on the equipments build for disabled who are already suffering physical limitations.

It is very ironic, depressing and unfortunate to allow these taxes to be imposed on common requirements of daily life like reading and walking without whom disabled won’t be able to perform their daily tasks.

This list includes a cascading tax scheme on items such as wheelchairs, wheelchair enabled cars, braille paper, braille typewriters and braille watches, crutches/walkers, instruments and implants for severely handicapped patients and joint replacement and spinal instrument and implants including bone cement," the petition said.      

Read the Petition Here:

GST   CJI Khehar   Supreme Court  

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