The Delhi High Count on Friday appointed Arvind Datar, a senior counsel as Amicus Curiae to assist the court on plea seeking exemption on imposition of Integrated Goods and Services Tax (IGST) on the import of oxygen concentrators as gift for personal use. The appointment was made by a Divison Bench of Justices Rajiv Shakdher and Talwant Singh.
Sudhir Nandrajog, senior counsel, who appears for the petitioner, sought ad-interim direction for enabling import of the subject oxygen concentrator, as, in its clearance, impediments are likely to arise at the customs barrier, on account of the impugned notification, according to ANI.
Advocate Nandrajog submitted that the oxygen concentrator should be cleared, pending a final decision in the instant writ petition, upon the petitioner depositing, with the Court, an amount, equivalent to the IGST presently payable in consonance with the provisions of the impugned notification.
The petitioner will deposit the requisite amount with the Registry of this Court within the next three days, Nandrajog said.
“Given the foregoing circumstances, we are inclined to issue notice both, in the writ petition, as well as in the captioned application. It is ordered accordingly,” the Court said, according to ANI. Delhi HC listed the matter for May 18.
The Court said that “in the meanwhile, in case, the oxygen concentrator, sought to be imported by the petitioner, reaches the concerned customs barrier, the same will be released, subject to the petitioner depositing, with this Court, an amount equivalent to IGST presently payable by him, in accordance with the impugned notification, within three days from today,” ANI reported.
“Upon the petitioner depositing the said amount, the Registry will invest the same in an interest-bearing fixed deposit, maintained with a nationalised bank. Intimation, as regards the same, will be furnished to the respondent via its counsel, i.e., Mr. Zoheb Hossain, ” the Court said, according to the news agency.
On Wednesday, the High Court asked the finance ministry to consider exempting oxygen concentrators from IGST. At present, such equipment attract 12% IGST. The concentrators imported for charity are exempt from the tax. Delhi HC passed this comment while hearing a petition filed by 85-year-old Gurcharan Singh, news agency ANI reported.
The plea sought to striking down the notification dated May 1 issued by the Centre as being unconstitutional.
“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.
On May 1, the finance ministry had slashed IGST on import of oxygen concentrators for personal use to 12% from 28% earlier amid COVID-19 second wave in India. The lower rate will be effective till June 30, the ministry said.
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