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Centre Says Courts Cannot Order GST Cut on Air Purifiers

An affidavit asserts the GST Council alone decides rates under Article 279A.

Overview

  • The Union government filed an affidavit in the Delhi High Court opposing a PIL that seeks to classify air purifiers as medical devices and reduce their GST to 5%.
  • It argued that any judicial direction on tax rates would bypass the constitutionally mandated role of the GST Council and violate separation of powers and cooperative federalism.
  • The filing warned that court-ordered rates would reduce the GST Council to a rubber stamp and disrupt the harmonisation principle under Article 279A(6).
  • The Centre termed the plea a colourable, motivated attempt at regulatory reclassification that could restrict market participation and confer advantages on a limited set of licensed entities.
  • The case is listed for hearing on Friday before Chief Justice D.K. Upadhyaya and Justice Tejas Karia, after earlier court remarks pressing for tax relief as air purifiers currently face 18% GST versus 5% on medical devices.