The Central government on Friday opposed a plea at the Delhi High Court seeking a reduction of GST duties on air purifiers amid worsening pollution in the national capital, saying the GST Council cannot
take a decision on the matter as the classification of medical devices is done by the Health Ministry.
Additional Solicitor General N Venkatraman, appearing for the Centre, said the process of a GST cut cannot be completed in two days as the GST Council is a constitutional body, where all 30 states and Union Territories are involved. He urged the court to grant it time to file a detailed affidavit on the matter.
This was in response to a petition moved by advocate Kapil Madan seeking the removal of 18% GST on air purifiers. The plea says that air purifiers cannot be treated as a luxury but rather are a necessity to face extreme air pollution. Madan also argued that air purifiers were being taxed under the wrong category. He said the GST Council has to take a call on the matter, which the Centre opposed.
“This will open a Pandora’s box. The committee has recommended something. There is a process. We are not saying anything at the moment. Either we will reduce or not. I am not giving any commitment. We are scared from a constitutional perceptive,” said Venkatraman, when asked by the court on the difficulty in conducting a meeting of the GST council.
‘Loaded Petition’
The Centre also questioned the petitioner over his plea on GST cuts on air purifiers, saying a direction has been sought without naming the health department as a party.
“Somebody wants a monopoly in air purifiers, we don’t know…The health ministry is in charge, which is not even a party here. This is a loaded petition. That is our concern,” the counsel said.
This came after the High Court, while hearing the matter on December 24, had asked the GST Council to hold a meeting urgently on the issue of GST cut on air purifiers amid the worsening air quality in Delhi and nearby areas. The court said authorities must provide a GST exemption on air purifiers.
The Centre submitted that the matter be listed on January 5, and the respondent will file a counter-affidavit to the PIL. The matter would be heard next on January 9, 2026.
