Government to decide GST exemption policy for rare disease drugs; no writ of mandamus to be issued: SC

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  • Last Updated on 16 December, 2022

GST Exemption

Case Details: Cure SMA Foundation of India v. Union of India - [2022] 145 369 (SC)

Judiciary and Counsel Details

    • M.R. Shah & C.T. Ravikumar , JJ.
    • Rajat Mittal, AOR & Suprateek Neogi, Adv. for the Petitioner.

Facts of the Case

The petitioner filed Public Interest Litigation (PIL) seeking directions to Government to grant exemption from GST on drugs for rare diseases and also that import of drugs for treatment of SMA be allowed without clearance from Centre of Excellence.

Supreme Court Held

The Honorable Apex Court noted that it is for Government to take a policy decision on grant of exemption from GST to drugs for treatment of rare diseases. Similarly there could be many reasons for clearance by Centre of Excellence on import of drugs for treatment of SMA. Thus, it was held that no writ of mandamus would be issued but liberty was given to petitioner to make representation to Union of India/Ministry of Health.

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