NEW DELHI: The Centre on Friday deferred lowering the GST on air purifiers, a day after the Delhi high court suggested a look into the matter while hearing a plea about the severe pollution plaguing the Capital.Appearing for the Centre, additional solicitor general N Venkatraman told a bench of justices Vikas Mahajan and Vinod Kumar that air purifiers cannot be treated as medical devices as per the decision of the health ministry.
Additionally, the Centre told the court that the classification of goods and fixation of GST rates involve a detailed statutory process handled by the GST council, a constitutional body comprising the Centre and all states.Any change, it said, requires consultation, licensing and regulatory scrutiny, and cannot be fast-tracked through a writ petition.The Centre also warned that entertaining such pleas could open the floodgates for similar demands from multiple sectors.Venkataraman further said the issue had already been examined at the highest policy level, including by the finance minister, and that courts cannot direct the GST council to alter tax rates. The bench, however, flagged the public health impact of air pollution and questioned why air purifiers, which cost between ₹10,000 and ₹15,000, should not be made more affordable to the less privileged families.The bench observed that pollution affects everyone and noted that the issue has nationwide implications, even as it accepted the Centre’s request for time.The court deferred any interim relief in a public interest case seeking cheaper air purifiers amid Delhi’s severe pollution. This has given the government more time to file a detailed response.The petitioner, advocate Kapil Madan, argued that he was not asking for the removal of tax but for correct classification under existing GST rules. He claimed air purifiers were wrongly placed under a higher tax slab instead of being treated like medical devices, which attract lower GST.With no counter-affidavit on record, the court said it could not grant any interim relief at this stage. It directed the Union government to file a detailed response within 10 days and listed the matter for further hearing on January 9, after the court vacation.