Why is the Delhi HC Criticizing the Centre Over 18% GST on Air Purifiers?
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New Delhi, Dec 24 (NationPress) The Delhi High Court has recently criticized the Union government regarding the escalating air pollution crisis in the national capital. The court emphasized that if providing clean air is unfeasible, then the Goods and Services Tax (GST) on air purifiers should be lowered.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was reviewing a public interest litigation (PIL) that aimed to classify air purifiers as medical devices. They urged the Centre to promptly consider a temporary exemption on GST.
"This is the least you can do. Every citizen deserves fresh air. If you can’t guarantee it, at least reduce the GST. Provide a temporary exemption for 15 days and treat this as an emergency situation," the bench remarked.
The bench also questioned the Centre regarding its ability to use emergency powers for immediate relief.
"Why can't this be presented to the GST Council right away? When is the next meeting of the GST Council? Is this proposal on the agenda?" the Delhi High Court inquired.
The PIL, presented by advocate Kapil Madan, sought to reduce the GST on air purifiers from 18 percent to 5 percent by recognizing them as "medical devices."
The petition argued that air purifiers have become essential during high pollution levels, and their high taxation makes them unaffordable for many.
According to the PIL, air purifiers with High-Efficiency Particulate Air (HEPA) filters have a crucial medical function by minimizing exposure to PM2.5, PM10, and other dangerous pollutants that can worsen respiratory and cardiovascular issues.
The application, submitted through advocates Gurmukh Singh Arora and Rahul Matharu, contended that imposing 18 percent GST on these devices, even while public health advisories confirm their necessity during pollution crises, infringes upon the right to life as stated in Article 21 of the Constitution.
The case has been postponed for further discussion at 2:30 p.m. to allow the Centre to gather instructions and present its position.