Page 28 - GSTL_14th May 2020_Vol 36_Part 2
P. 28

J28                           GST LAW TIMES                      [ Vol. 36

                                     THE INHUMANE LEVY OF GST ON EQUIPMENT & AIDS OF DISABLED AND BLIND
                                     INHUMANE   LEVY   OF   GST   ON   EQUIP-
                                     MENTS & AIDS OF DISABLED AND BLIND
                                     PERSONS
                                     INHUMANE LEVY OF GST ON EQUIPMENTS & AIDS OF DISABLED
                                     By
                                     Narendra Sharma
                                     ADVOCATE

                                            The Constitution of India has provided for a wel-
                                     fare state which caters to the needs of all persons and not
                                     only the  fit  and well provided. It is therefore matter of
                                     concern that GST laws impose heavy taxes on many items that are used by phys-
                                     ically handicapped persons.
                                     Taxes on Instruments/Appliances of Handicapped/Disabled/Blinds
                                            GST Law provides levy of tax @ 5% under Chapter Heading 90 which in-
                                     cludes Crutches, Wheel chairs, Walking frames, Tricyles, Braillers and Artificial
                                     Limbs and  orthopaedic appliances under  Chapter Heading 9021.  Orthopaedic
                                     appliances, includes crutches, surgical belts and trusses; splints and other frac-
                                     ture appliances, artificial parts of the body liable to tax @ 12%.
                                            There are more than 350 types of instruments/appliances/accessories
                                     and constituents thereof. Further, there are Orthosis, Prosthesis, Orthotic Com-
                                     ponents, Prosthetic Components, Rehabilitation Aids, Associated Special Tools
                                     and Orthotic and Prosthetic Supplies. Many of these items which are not specifi-
                                     cally classified attract GST @ 18%. The detailed chart of levy of GST on equip-
                                     ments meant for the physically challenged are as below :-
                                                         Taxable @ 2.5% (CGST) + 2.5% (SGST)

                                              S.    Chapter            Description of goods         Rate
                                             No.   Heading/                                          of
                                                 Sub-heading/                                       Tax
                                                  Tariff item
                                             256   90 or any    Parts of the following goods, namely -   5%
                                                 other Chapter   (i)  Crutches
                                                              (ii) Wheel chairs
                                                              (iii) Walking frames
                                                              (iv) Tricyles
                                                              (v) Braillers; and
                                                              (vi) Artificial Limbs



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