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Delhi High Court Orders Centre To Reply On Air Purifier GST Plea, Sets Jan 9 Hearing

The government says the petition trespasses on the GST Council’s domain requiring a physical meeting.

Overview

  • A vacation bench of Justices Vikas Mahajan and Vinod Kumar granted the Union government 10 days to file a detailed counter-affidavit.
  • Additional Solicitor General N. Venkataraman opposed the plea as a “loaded” petition, questioned its maintainability and motives, and sought time to respond.
  • The Centre argued that classifying air purifiers as medical devices falls under the Health Ministry, warning that court directions could breach separation of powers and “open a Pandora’s box.”
  • The court recorded the Centre’s submission that any GST Council decision must be taken in a physical meeting, after an earlier bench urged the Council to urgently consider rate relief with a prima facie view favoring 5%.
  • Petitioner Kapil Madan seeks reclassification and a GST cut from 18% to 5% or exemption; the bench cited affordability concerns given prices of roughly ₹10,000–₹60,000 and noted a recent parliamentary panel recommendation to review the tax treatment.