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Delhi HC Questions 18% GST on Air Purifiers Amid Pollution Emergency

The Delhi High Court will hear a plea on December 26 seeking to reduce GST on air purifiers from 18% to 5%. The petitioner argues air purifiers should be classified as medical devices under a government notification. The court expressed strong displeasure over authorities' inaction on air pollution and questioned the high tax during a public health emergency. Justice Gedela remarked that reducing GST is the "minimum" step to ease citizens' burden amid the crisis.

Key Points: Delhi HC to Hear Plea for Lower GST on Air Purifiers Dec 26

  • PIL seeks GST cut from 18% to 5%
  • Court criticizes inaction on pollution
  • Air purifiers argued as medical devices
  • Hearing scheduled for December 26
2 min read

Delhi HC to hear plea seeking lower GST on Air Purifiers on Dec 26: Petitioner Kapil Madan

Delhi High Court questions 18% GST on air purifiers amid pollution crisis, hearing plea to reduce tax to 5% by classifying them as medical devices.

"If you can't do that, the minimum you can do is reduce GST. - Justice Gedela"

New Delhi, December 24

Kapil Madan, the petitioner in a PIL related to air pollution, told the Delhi High Court that the plea seeks a reduction in GST on air purifiers from 18 per cent to 5 per cent.

He said the petition relies on a government notification defining medical devices, while the court has listed the matter for hearing on December 26.

Speaking to ANI, Madan said that the plea relies on a notification issued by a ministry which defines what constitutes a medical device, under which air purifiers should be included.

"In this PIL, what we were praying for the court was that GST on air purifiers should be 5% instead of 18%. To say this, we were relying on a notification issued by a ministry that defines what is a medical device. One of the counsels from the respondent side said that the GST Council was also mooting this issue. The court has placed this matter for hearing on 26th December," he said.

Earlier today, the Delhi High Court expressed strong displeasure over the apparent lack of concrete action by authorities to address the worsening air pollution crisis and questioned the continued levy of 18 per cent Goods and Services Tax (GST) on air purifiers despite the prevailing public health emergency.

The court was hearing a public interest litigation filed by advocate Kapil Madan, seeking recognition of air purifiers as medical devices and a corresponding reduction in GST. Senior Advocate Arvind Nayar appeared on behalf of the petitioner.

During the hearing, the court expressed dissatisfaction with what it described as inaction on the issue, noting that the State has a duty to ensure clean, breathable air for citizens. Justice Gedela remarked that if authorities are unable to address the root causes immediately, they could at least ease the burden on citizens by reducing taxes on devices that provide some protection.

"This is the minimum that you can do. Every citizen requires fresh air. If you can't do that, the minimum you can do is reduce GST," Justice Gedela observed.

The Court directed the authorities to obtain instructions on the issue, noting that the hearing would continue at 2:30 pm.

- ANI

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Reader Comments

R
Rohit P
Good step, but why only purifiers? What about the root cause? Stubble burning, construction dust, vehicle pollution... courts should pressure govt on those fronts more strongly. A tax cut helps, but clean air is a right, not a product to be purchased. 🤔
A
Aman W
As a father in NCR, I spend a big chunk of salary on purifier filters and maintenance. 18% GST feels like a penalty for trying to protect my family's health. Reduce it to 5% immediately. This is a public health emergency, not a revenue opportunity.
S
Sarah B
Respectfully, while I support the tax reduction, calling it a 'medical device' might be a legal stretch. It's a preventive appliance. The real win here is the court highlighting state inaction. The focus should remain on systemic solutions, not just individual mitigation tools.
K
Karthik V
Justice Gedela is spot on. "If you can't provide fresh air, at least reduce GST." What a powerful indictment of the situation. Hope this hearing on the 26th brings quick relief. Many middle-class families are postponing buying one because of the cost.
N
Nisha Z
This is needed for the entire North India, not just Delhi. Cities like Lucknow, Patna, Kanpur are also choking. Making purifiers cheaper should be a pan-India policy. Kudos to Kapil Madan for this PIL. 🙏

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