Hindustan Times (Noida)

SC stays HC order to cancel IGST on O2 devices as gifts

- Abraham Thomas letters@hindustant­imes.com

FINANCE MINISTRY POINTED OUT THE ORDER WAS AN ENTRENCHME­NT ON A POLICY ISSUE UNDER THE GOVT

The Supreme Court on Tuesday stayed a Delhi high court decision quashing a government notificati­on to levy integrated Goods and Services Tax (IGST) on the oxygen concentrat­ors imported as gifts for personal use.

The finance ministry approached the apex court challengin­g the May 21 order of the Delhi high court, pointing out that the decision was an entrenchme­nt on a policy issue lying within the domain of the executive.

Attorney general KK Venugopal, representi­ng the Centre, told the court that on May 28, at the 43rd meeting of the GST Council, a decision was taken to constitute a Group of Ministers (GOM) to scrutinise the need for “further relief to Covid-19-related individual items immediatel­y”, and its report will be submitted by June 8.

The bench of justices DY Chandrachu­d and MR Shah issued a notice on the Centre’s plea, and stayed the Delhi high court order, stating: “Arguable questions are raised.” The matter was adjourned for four weeks.

The high court order came on a petition filed by Gurcharan Singh, an 85-year-old who was infected with Covid-19 this April. His nephew, living in the US, sent him an oxygen concentrat­or as a gift, but it was subjected to IGST chargeable at 28% for personal use. In the wake of assisting import of Covid-19 medical devices, on May 1, the Union finance ministry issued a fresh notificati­on bringing down the tax levy to 12% on the import of oxygen concentrat­ors for personal use. This notificati­on was challenged by Singh in a writ petition before the high court.

The high noted that this was a “rare petition” where a tax statute was challenged for being violative of a citizen’s fundamenta­l right to life under Article 21. The petitioner claimed that, by a separate notificati­on issued on May 3, the government gave a GST waiver till June 30 for oxygen concentrat­ors imported by state government­s or via any entity, relief agency, or statutory body authorised by the state government, even as those imported as gifts for personal use were charged at 12%. Even concentrat­ors imported for commercial were taxed 12%.

A division bench of the high court struck down the May 1 notificati­on, and said, “The courts and the state have to adopt a humanistic approach, which, in our view, is a facet of Article 21 of the Constituti­on. The failure to do so both, by the court and by the State, would lead to an unbridgeab­le chasm between law and justice, resulting in, disruption of social order.”

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