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SC agrees to hear plea challenging imposition of GST on wheelchair, mobility aids

SC agrees to hear plea challenging imposition of GST on wheelchair, mobility aids

According to the plea, GST on disability mobility aids was also a violation of the guarantee of equal opportunities made by the Rights of Persons with Disabilities Act 2016.

The petitioner, in his plea, stated that a normal person needs not to pay tax for walking, but a disabled person needs to pay a 5 per cent tax for walking. The petitioner, in his plea, stated that a normal person needs not to pay tax for walking, but a disabled person needs to pay a 5 per cent tax for walking.

The Supreme court, on Friday, said that it will hear the plea challenging the imposition of Goods and Services Tax (GST) on disability medical devices.

The writ petition was mentioned before a bench, led by Justice DY Chandrachud, which said, "Our only issue is that this lies in policy domain. Then we have to hold that no GST on any medical devices. But we will certainly hear this out.”

"This is something in the policy domain... then we will have to hold that there should be no GST on medical devices,” said Justice Chandrachud.

"Our concern is how to unshackle a policy matter, otherwise you have a point", Chandrachud added, while assuring the petitioner that the case will be listed for hearing at the earliest.

The writ petition ‘Nipun Malhotra versus Union of India’ was filed in 2017. According to the plea, GST on disability mobility aids was also a violation of the guarantee of equal opportunities made by the Rights of Persons with Disabilities Act 2016.

The petitioner, in his plea, stated that a normal person needs not to pay tax for walking, but a disabled person needs to pay a 5 per cent tax for walking. "There is a 5 per cent GST on braille paper, wheelchairs… an able-bodied person pays no GST for walking...", the counsel submitted.

He further added, "My movement is taxable. This is very urgent since its on even wheelchairs also GST is applied. Even on brail paper, the tax is imposed which is not correct."

The petitioner also argued that the imposition of tax has resulted in the denial of equal opportunities for persons with disabilities and created barriers for them to access the resources available to other people.

(With inputs from Kanu Sarda)

Published on: Jul 22, 2022, 3:58 PM IST
Posted by: Vivek Dubey, Jul 22, 2022, 3:55 PM IST