Delhi HC nudges Centre again to cut GST on air purifiers

The Delhi High Court on Friday again asked the Centre why it cannot reduce the GST charged on air purifiers to make it affordable for the common man in view of the worsening air quality in the national capital and nearby areas. The court’s query came after the counsel for the Centre submitted that the GST Council is a constitutional body and it is no longer a unilateral levy of Delhi. It is a federal levy in all over India, so all 30 States and union territories have to agree and involves Union Finance Minister as its member.

The court asked the Additional Solicitor General (ASG) N Venkataraman, representing the Centre, as to what is the difficulty in conducting the meeting of the GST Council and then they can take a call. The ASG said, “This will open up a pandora box. The committee has recommended something to us.

That’s the process. We are not saying anything at the moment, whether we will reduce or not. I am not giving any commitment…. We are scared from a constitutional perspective. Let this be converted into a representation and sent to the Council.”

The ASG said voting has to be done physically and it cannot be done through video conferencing and added that the Government will file an extremely detailed counter-affidavit in the matter.

A vacation bench of Justices Vikas Mahajan and Vinod Kumar granted 10 days’ time to the Central Government to file its reply to the petition and listed the matter for further hearing on January 9.

“But the court’s concern was that, having regard to the situation in Delhi and surrounding areas, why the goods and services tax (GST) should not be reduced from 18 per cent to 5 per cent. Whatever way you want to do you, may do that and find a way out.

The price range is starting from Rs 10-12,000 and goes up to Rs 60,000, it is beyond the reach of the common man. Why not bring it down to a reasonable level which is in the reach of a common man,” the bench said.

The court was hearing a public interest litigation (PIL) seeking directions to the central Government to classify air purifiers as “medical devices” and reduce the goods and services tax (GST) to the five percent slab. Air purifiers are currently taxed at 18 per cent.

The petition by advocate Kapil Madan said purifiers cannot be treated as luxury items in view of the “extreme emergency crisis” caused by severe air pollution in Delhi.

During the hearing, the bench told the petitioner that in the last hearing also, the court was with him because the issue raised is such that “everybody is concerned”.

Agreeing to this, the ASG said, “certainly milords, our hearts are there, no doubt.” He said this matter was deliberated at the highest level involving the finance minister and they had an urgent meeting on Thursday but have some concerns with this writ petition.