The Central government on Friday reportedly opposed a PIL in the Delhi high court seeking a slash in GST on the prices of air purifiers. The government claimed that any such court order without following the applicable process involved, can create a “Pandora’s Box” situation.
A division bench of Justices Vikas Mahajan and Vinod Kumar was listening to a plea seeking directions to include air purifiers in the category of ‘medical devices’ and reduce GST on them, Bar and Bench reported. The GST was requested to be reduced from 18 per cent to 5 per cent.
According to the report, opposing the PIL, Additional Solicitor General N Venkataraman, representing the Centre, said that if the current GST council mechanism is bypassed in this case, “This will open a Pandora’s Box.”
Noting that the government is not saying whether it will be done or not, he added, “The Parliamentary committee has recommended something to us. It will be considered. There is a process.”
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Earlier on Wednesday, the high court had asked the GST council to convene an urgent meeting regarding the GST reduction proposal, as reported by HT earlier.
Now, the Centre has responded, requesting more time to give a measured response. It said the matter is being examined currently.
Advocate Kapil Madan argued that air purifiers should be classified as a medical device, while the court noted that the decision may have to wait until after the GST council meeting. The Court pointed out the Centre’s argument, saying that tomorrow other petitions will be filed “seeking mandamus to the GST council.”
On this, Madan said that mere reading of the notification shows that purifiers should fall under Schedule 1, and the government is charging them under Schedule 2.
Further, the Court gave 10 days to the government to file a counter-affidavit with the next hearing scheduled on January 9, the Bar and Bench report said.
ASG said that some things in the petition are calculated and requested time to file a detailed counter.
The Court also maintained that something should be done to bring down the cost of air purifiers so the common man can afford them.
Madan raises concerns about the time taken to make a decision, saying, “They will take time, and the entire city will suffer.”
The current PIL contends that air purifiers cannot be treated as a luxury, seeing the “extreme emergency crises” due to the poor air quality in Delhi.