Thread by @barandbench

Supreme Court bench led by Justice DY Chandrachud to hear a challenge against #DelhiHighCourt order declaring imposition of IGST on import of oxygen concentrators as unconstitutional
#SupremeCourt
#Covid19
#OxygenShortage

The Delhi High Court had held that the imposition of Integrated Goods and Services Tax (IGST) on the import of oxygen concentrators as gift for personal use is unconstitutional

Details about earlier order:

barandbench.com/news/litigatio…

Senior Adv Siddharth Luthra asks if the case will be taken up

Justice DY Chandrachud: how do you come here directly under Article 32?

Matter to be heard in a while

#supremecourt

Attorney General KK Venugopal: They removed the slab from 28 and brought to 12 but still they’re saying that Article 21 is violated. The purpose of IGST is to distribute it for free to all needy people. This is by an individual.

SC: There was an Article 32 plea before us. You requested our intervention

AG: You referred it to the GST Council. They are in fact holding a meeting on 8th June.

Justice Chandrachud: On May 28 at 43rd GST Council meeting decision was taken to constitute a council of ministers so that 19 related items are exempted. It has been submitted that HC entered into an area of policy and exemption is based on distinct classification

Justice Chandrachud: We issue notice and till next date of hearing there shall be stay on the May 21 order of the Delhi High Court.
#supremecourt

Matter returnable in 4 weeks

Justice MR Shah: May be high court did not see the objective of this. Art. 14 has reasonable classification also. We don't know if this was argued in High Court
#supremecourt

Matter over.

[BREAKING] Supreme Court stays Delhi High Court order declaring IGST on import of oxygen concentrators as gift for personal use unconstitutional

#SupremeCourt #OxygenConcentrators #IGST

Read story: bit.ly/3pf76lt