Black Fungus- "Centre Should Consider Complete Waiver On Import Duties Of Amphotericin B": Delhi High Court

In tune of the recent decision of the High Court declaring imposition of IGST on the import of oxygen concentrators by individuals for personal use as unconstitutional, the Delhi High Court on Thursday directed that the Centre should consider complete waiver of import duties on amphotericin B drug, used to treat Black fungus, till the time it's shortly available in India.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh also directed that the said imports shall be cleared by customs by accepting a bond from the importer without actual payment of import duty till the time a final decision on the aspect is taken.

"Considering the fact that the said drug is required to save lives of people suffering all over the country, we're of the view that Central Government should consider complete waiver of import duties of the drug atleast for the period that same is in short supply in India and is required to treat the disease of black fungus." The Court ordered.

Furthermore, the Court went ahead to order thus:

"We direct if any import is made by any person, the same may be cleared by accepting the bond from the importer without actual payment of duty till a final decision on the said aspect is taken."

The Court also took on record the assurance given by Advocate Nidhi Mohan Parashar appearing for the Centre that the customs shall clear all consignment of medicines of black fungus without any delay.

The development came after the bench was considering the issue of shortage of Amphotericin B drug in India and possible mechanism of its procurement to treat the increasing number of black fungus case load in India.

Observing that Justice Shakdher in his recent judgment declared as unconstitutional the imposition of IGST on the oxygen concentrators imported by individuals and are received by them as gifts, for personal use, Justice Vipin Sanghi orally asked Advocate Kirtiman Singh appearing for the Central Government thus:

"After Justice Shakdher's judgment, is it even fair for you to levy such kind of duties? You should completely waive it. Just like you waive it for two months for some products, do it for this also. There cannot be a bottleneck."

On this, Advocate Nidhi Mohan Parashar also apprised the Bench thus:

"If any medicines are coming, details may be given to us also. We will try to do it expeditiously."

The development came after the Bench was considering the Petition filed by Advocate Iqra Khalid whose grandfather was in urgent need for vials of Amphotericin B for treatment of black fungus.

"This Is A George Floyd Moment For Citizens Of This Country": Delhi HC Strikes Down IGST Imposition On Oxygen Concentrators Imported By Individuals

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