Pandora box will be opened: Centre opposes plea for GST cut on air purifiers
The ASG explained that any GST reduction follows a structured procedure involving the GST Council, which is a constitutional and federal body comprising all states.
PTC News Desk: The Centre on Friday told the Delhi High Court that air purifiers cannot be treated as medical devices and opposed a PIL seeking a reduction in GST on them. Representing the government, Additional Solicitor General N Venkataraman said the GST Council does not have the authority to classify medical devices, as this responsibility lies with the Health Ministry after detailed evaluation.
"The court's concern was given the air situation in Delhi and surrounding areas. Why can't it be done? Do whatever you have to do. Right now an air purifier costs 10-15K. Why not bring down the GST to a reasonable level where even a common man can afford an air purifier? What is the difficulty in GST council taking a call on this," the bench asked the ASG on Friday.
"There is a process involved. How can this process be scuttled? GST Council is a constitutional body. This will open a Pandora's box. A Parliamentary committee has recommended something to us. It will be considered, there is a process. The constitutional issue is involved. We are not saying anything. We are not saying whether it will be done or not," the ASG told the bench.
He also informed the bench of Justice Vikas Mahajan and Justice Vinod Kumar that no urgent GST Council meeting had been scheduled to consider a tax cut on air purifiers, arguing that the process is complex and cannot be rushed within two days. The Centre sought time to submit a detailed affidavit.
The ASG explained that any GST reduction follows a structured procedure involving the GST Council, which is a constitutional and federal body comprising all states. Any decision, he said, requires physical voting and cannot bypass the established process. He also objected to the petition filed by advocate Kapil Madan for not making the Health Ministry a party, and questioned the intent behind the plea.
Earlier, on December 24, the High Court had asked the GST Council to consider holding an urgent meeting to decide on reducing GST on air purifiers amid rising air pollution in Delhi.