The absence of medical resources forced Covid patients to fight for themselves: Delhi HC
The court made observations while declaring the decision of the centre “unconstitutional”. The decision taken by centre to impose IGST in oxygen concentrators is declared void. The concentrators are imported by individuals for their personal use.
Absence of medical resources
The absence of medical resources forced Covid-19 patients to fight themselves. The situation made them look for oxygen concentrators as an alternative to medical oxygen. And even get devices from abroad amid short supplies, the Delhi High Court said.
The court conducts observations while declaring a decision made by Centre void. The decision to include IGST in oxygen concentrators imported by individuals stopped.
Imposition of IGST on the import of oxygen concentrators
The decision came after the request by the 85-year-old Gurcharan Singh. He suffered from Covid-19. He challenged the imposition of IGST on the import of oxygen concentrators. It was a gift for personal use. He said his nephew sent an oxygen concentrator for him as a gift from the US to improve his condition.
Judge Rajiv Shakdher and Talwant Singh took Judicial notice. They took note of fact that LMO in a short supply was not only in Delhi but in all parts of the country. It had caused people to scramble for oxygen cylinders, oxygen concentrators. where people have suffered Severe infection.
People with Coronavirus to fend for themselves
“The absence of medical resources forces people with Coronavirus to fend for themselves. and thus, find the means needed to survive. The fact that enough beds are not available at the hospital. It’s needed for critical patients, to find sources for supplies. Supplies that provide a decent alternative to LMO, “the bench stated in the verdict of May 21.
HC added that “oxygen concentrators seem to be an alternative. In this context, someone must take judicial notifications about this fact. The production and supply of oxygen concentrators are not up to the demand. So people seek resources outside our borders to supply oxygen concentrators.”
Notification from the Ministry of Finance is void
By asserting that the oxygen concentrator is now in a place equal to and drugs that save a life. The bench said, “We hold the imposition of IGST on oxygen concentrators imported by individuals and accepted as gifts (free of charge) for personal use, it is unconstitutional “. And Declared May 1 notification from the Ministry of Finance void
Before May 1, an individual importer must pay an IGST of 28 percent for the oxygen concentrator.
The bench noted that the situation became very critical around May 7.
The data provided by the Ministry of Health and family welfare showed 4,14,188 fresh infections and 3,915 deaths.
The absence of medical resources forced Covid patients to fight for themselves: Delhi HC. Legal News, No.1 High Court Attorneys near me and Senior Counsels in Chennai, Tamil Nadu, India
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