Fresenius Medical Care India Private Limited Vs Union Of India & Ors

Delhi High Court 9 Apr 2024 Civil Writ Petition No. 4757 Of 2024, Civil Miscellaneous Application No. 19478 Of 2024 (2024) 04 DEL CK 0086
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Writ Petition No. 4757 Of 2024, Civil Miscellaneous Application No. 19478 Of 2024

Hon'ble Bench

Sanjeev Sachdeva, J; Ravinder Dudeja, J

Advocates

Gaurhar Mirza, Hiral Gupta, Sukanya Singh, Neharika, Gibran Naushad, Anurag Ojha, Subham Kumar

Final Decision

Disposed Of

Judgement Text

Translate:

Sanjeev Sachdeva, J

1. Petitioner seeks a direction to the respondents to clarify that the Integrated Goods and Services Tax [“IGST”] rate applicable to the petitioner for import of dialysis machines is 5% as per HSN code 90189031 in terms of office memorandum dated 13.10.2023.

2. Learned counsel for respondents submits that he has taken instructions and submits that dialysis machines covered under HSN code 90189031 are liable to be taxed at 5% in terms of notification dated 13.10.2023. He further submits that IGST rate of 5% is also applicable for “Artificial Kidney” and “Disposable sterilized dialyzer” (serial No. 254-55 respectively).

3. He submits that insofar as case of petitioner is concerned, subject to verification of HSN code, the same would be exigible to tax at 5% in terms of said notification.

4. Petition is accordingly disposed of binding the respondents to their statement.

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