Apex court stays HC order on levy of IGST on imported O2 concentrators for personal use

Supreme Court on Tuesday stayed Delhi High Court order that struck down imposition of IGST on oxygen concentrators imported by individuals declaring it unconstitutional.

“Issue notice, returnable in four weeks. Till the next date of hearing, there will be a stay on the operation of the High Court’s order,” said a twojudge bench of the apex court, headed by Justice Dr Dhananjaya Y Chandrahud and also comprising Justice Aniruddha Bose.

The Delhi High Court had in its order recently held that the levy of IGST on oxygen concentrators that are imported as gifts for personal use is unconstitutional and violative of Article 14 and 21 of the Indian Constitution.

The Union Finance Ministry had then filed an appeal before the top court against the Delhi High Court’s order and sought a stay on it.

The Supreme Court said that a report has to be submitted by June 8, in this regard. The Attorney General (AG) KK Venugopal, top law officer representing the Ministry of Finance, submitted to the top court that the Delhi High Court’s order trenches upon policy. AG Venugopal further said that the exemption which has been granted for oxygen concentrator is for a distinct classification.

The AG Venugopal also said that at the third meeting of GST (Goods and Services Tax) council that a Group of Ministers (GoM) would be constituted to scrutinize the need for all these and they would decide the matter into the meeting very likely. But this Delhi High Court order had tied our hands.