HC holds as unconstitutional imposition of IGST on imported oxygen concentrators for personal use

HC holds as unconstitutional imposition of IGST on imported oxygen concentrators for personal use

A volunteer shows an oxygen concentrator machine at the Guru Tegh Bahadur Covid Care Centre at the Gurdwara Rakab Ganj Sahib in New Delhi. (PTI)

New Delhi, May 22 (PTI) The Delhi High Court Friday held as “unconstitutional”, the imposition of Integrated Goods and Services Tax (IGST) by the Centre on import of oxygen concentrators by individuals for personal use.

A bench of Justices Rajiv Shakdher and Talwant Singh quashed the May 1 notification issued by the Ministry of Finance which says that such oxygen concentrators imported for personal use, irrespective of whether they are a gift or otherwise, will be charged with an IGST of 12 per cent.

The court said the individuals will have to give an undertaking that the oxygen concentrator is being imported for personal use and not commercial use.

The court’s verdict came on a plea challenging imposition of IGST on the import of oxygen concentrators as gift for personal use.