18% tax even in emergency? Delhi High Court sought response from the Central Government in favor of making air purifiers cheaper.
Amidst the increasing pollution crisis in Delhi, Delhi High Court has banned air purifiers.r) sought response from the Central Government on the issue of 18% GST. The court asked why this tax is being imposed even during the air emergency and why it cannot be reduced immediately. Emphasizing the impact of pollution, the court said, “We breathe approximately 21 thousand times a day. Calculate this loss.”
The Delhi High Court bench, comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, was hearing a PIL seeking to bring air purifiers in the category of medical devices so that they can come under the 5% GST slab. The court expressed strong displeasure when more time was sought from the Central Government to respond to this. The bench said, “What is the appropriate time? When thousands of people will die? Every person in this city needs clean air and you cannot even provide that. The least you can do is that they have access to air purifiers.”
Government should soon tell what it is proposing – Delhi High Court
In view of the serious situation of pollution in Delhi, the High Court also raised questions on the options for immediate relief. The court said, “Why can’t you give relaxation in this emergency situation as a temporary step under the National Security Act?” The bench asked the central government counsel to take instructions in this regard and directed the proposal to be placed before the court after 2:30 pm. This PIL has been filed by advocate Kapil Madan, urging the court to give medical device status to air purifiers, so that 5% GST can be applied on it. At present 18% GST is being imposed on air purifiers.
Expressing strong displeasure over the serious situation of pollution, the Delhi High Court said, “What is the right time? When thousands of people will die? Every citizen of this city needs clean air and you have not been able to provide even that. The least we can do is that people can buy air purifiers.” The court also raised the question as to why 15 days are required to reply in this case, whereas the government can present its stand in the vacation bench also.
Delhi High Court asked the Central Government to immediately clarify what proposal it is bringing on this issue. The court raised the question why temporary relief cannot be given under the National Security Act during an air emergency. The court also asked why the GST Council meeting is not being called, when is it going to sit, and whether the proposal to cut tax on air purifiers is being placed before the GST Council. On this, the Central Government’s lawyer told the court that this issue has already come before the Parliamentary Committee and instructions have also been given on it.
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