New Delhi: The Centre on Friday opposed a Public Interest Litigation (PIL) seeking reduction in GST on air purifiers and their classification as ‘medical devices’ before the Delhi High Court.
Additional Solicitor General (ASG) N Venkataraman, who appeared for the government, told a bench comprising Justice Vikas Mahajan and Justice Vinod Kumar that the GST Council cannot take a call on this issue, as it’s the Union Health Ministry – and not GST Council — which makes the classification of medical devices after detailed checks.
The ASG told the high court that two days’ time is not enough to respond to this petition and urged the court to grant it time to file a detailed affidavit on the matter.
Two days ago, the high court, hearing the PIL seeking directions to the Centre to classify air purifiers as ‘medical devices’ and bring down GST to the 5% slab, said that’s the least the Central government can do to ensure fresh air for citizens. Delhi-NCR has been reeling under extremely poor air pollution for months.
However, the ASG told the court there is a specified process involved for GST cut, which cannot be scuttled. He explained that the GST Council is a constitutional body and the tax is a federal levy. Since all states are involved in the process, any change has to involve them.
On the court’s question as to why GST Council can’t take a call on this, the ASG said: “This will open a Pandora’s box. Parliamentary committee has recommended something to us. It will be considered, there is a process. The constitutional issue is involved. We are not saying anything. We are not saying whether it will be done or not.”
