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The bench of Justice Vikas Mahajan and Vinod Kumar was hearing the petition to reduce the GST on air purifier From 18% to 5%. The warning came as the high court considered a plea by lawyer Kapil Madan, seeking to classify air purifiers as medical devices with a lower GST rate.
The court had earlier asked the GST Council to consider this proposal immediately.
The central government on Friday said the situation was being monitored at the highest level, but requested additional time to give a measured response.
Delhi High Court heard the PIL demanding reduction in GST on air purifiers, but did not give any interim order. The Center said the petition is “not a PIL” and GST rates can be decided only by the GST Council after due process. The court expressed concern over public health and…
– ANI (@ANI) 26 December 2025
According to Additional Solicitor General (ASG) N Venkatraman, representing the Centre, bypassing the GST Council mechanism could open a Pandora’s box. “This will open a Pandora’s box. The parliamentary committee has recommended something to us. It will be considered. There is a process. We are not saying anything. We are not saying whether it will be done or not. It involves the issue of the Constitution,” Venkataraman said.
Petitioner Madan argued that air purifiers were essential and should be classified as medical devices. The court acknowledged the concern but said a decision on GST rates may have to wait till the GST Council meeting.
The ASG assured the court that the government will inform it through its counter affidavit when the GST Council meeting will be held.
However, Madan expressed concern that if no decision was taken soon, Delhiites would continue to suffer. He said, “This is a simple process. It will take time and the entire city will suffer. Not only has clean air been taxed, but it is being taxed wrongly.”
“Mr. Madan, at this stage, this cannot be done without seeking counter affidavit. Mr. Venkataraman, please ensure that it is taken immediately after leave,” the court said.
The ASG also questioned whether a Public Interest Litigation (PIL) could be initiated in this matter.
“If it can be converted into a representation, then fine. If he wants to oppose it, we want to file a detailed counter affidavit. We want to know who is behind this writ petition. This is not a PIL at all,” he said.
The court emphasized that in view of the air pollution crisis, something should be done to reduce the price of air purifiers in Delhi.
“The court’s concern was considering the situation in Delhi and surrounding areas. Why can’t it be done? Do what you have to do. Right now, an air purifier costs Rs 10-15K. Why not bring GST to a reasonable level where even a common man can buy an air purifier?” The court said.
The court has given the government 10 days to file its counter affidavit and will hear the case again on January 9, 2026.