SC stays Delhi HC order quashing levy of GST on import of Oxygen concentrators as gifts

SC stays Delhi HC order quashing levy of GST on import of Oxygen concentrators as gifts for personal use

Finance Ministry had argued that the judgment of the Delhi High Court trenches upon a pure issue of policy and the exemption granted in respect of the concentrators which are imported by the State or its agencies falls in a clearly distinct classification.

Pursuant to the decision of the GST Council, the Government has exempted import of specified COVID relief materials meant for free distribution by the Central Government, State Government, or a relief agency vide Notification 32/2021 – Customs.

The Text of the Order as follows:

1. The Division Bench of the High court of Delhi by its order dated 21 May 2021 has held that the levy of IGST on oxygen concentrators that are imported as gifts for personal use is violative of Articles 14 and 21 of the constitution and, hence unconstitutional.

2. Mr K K venugopal, learned Attorney General for India appearing on behalf of the petitioners submits that on 28 May 2021, at the Forty-Third meeting of the GST council, a decision was taken to constitute a Group of Ministers to scrutinize the need for llfurther relief to covid-19 related individual items immediatelyu. The Group of Ministers is to submit its report bys June 2021.

3. It has been submitted that the judgment of the High court trenches upon a pure issue of policy. It has been further submitted that the exemption which has been granted in respect of the concentrators which are imported by the state or its agencies falls in a clearly distinct classification.

4. Arguable questions are raised.

5. Issue notice, returnable in four weeks.

6. Dasti, in addition, is permitted.

7. Till the next date of listing, there shall be a stay of the operation of the impugned judgment and order of the High court dated 21 May 2021.

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