Black Fungus- ‘Center should consider full waiver of amphotericin B import duties’: Delhi High Court


Following the recent High Court ruling declaring unconstitutional the IGST’s imposition on the importation of oxygen concentrators by individuals for personal use, the Delhi High Court on Thursday ordered the Center to consider a complete lifting of import duties on amphotericin B, used to treat black fungus, until it is soon available in India.

A division bench comprising Judge Vipin Sanghi and Judge Jasmeet Singh also ordered that the said imports be cleared through the acceptance of a bond from the importer without actual payment of import duties until such time as a final decision on this aspect is made.

In view of the fact that the said drug is necessary to save the lives of sufferers across the country, we are of the opinion that the central government should consider a complete lifting of import duties on the drug at least during the period in which there is a shortage. in India and is needed to treat black fungus disease. ” The court ordered.

In addition, the Court ordered as follows:

“We order if an import is made by a person, the same can be cleared by accepting the importer’s bond without actual payment of duties until a final decision on said aspect is made.”

The Court also took note of the assurance given by Lawyer Nidhi Mohan Parashar by indicating to the Center that customs must immediately clear any shipment of drugs containing black fungus.

The development came after the bench examined the issue of the shortage of amphotericin B drug in India and the possible mechanism of its purchase to treat the growing number of black fungus cases in India.

Observing that Judge Shakdher, in his recent judgment, declared unconstitutional the imposition of the IGST on oxygen concentrators imported by individuals and received by them as gifts, for their personal use, Judge Vipin Sanghi asked orally to lawyer Kirtiman Singh appearing for the central government as follows:

“After Judge Shakdher’s judgment, is it even fair for you to collect such a fee? You should waive it altogether. Just as you waive it for two months for some products, so do it for that. no bottleneck. “

In this regard, lawyer Nidhi Mohan Parashar also informed the judiciary as follows:

“If medication arrives, details can be given to us as well. We will try to do that quickly.”

The development came after the bench considered the petition filed by lawyer Iqra Khalid whose grandfather urgently needed amphotericin B vials for black fungus treatment.

“This is a George Floyd moment for the citizens of this country”: Delhi HC cancels IGST tax on oxygen concentrators imported by individuals

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