Anti Profeeting Provisions Challenged
The supreme court has ordered other respective courts to look upon the matter of petitions against the validity of provisions of anti-profiteering act under Section 171 of the Central Goods and Services Tax (CGST) Act 2017.
There are around 20 writ petition which is challenging the constitutional validity of Section 171 of the Central Goods and Services Tax (CGST) Act 2017 read with Rule 126 of the Central Goods and Services Tax (CGST) Rule 2017 including other provisions.
Latest Update
16th November 2022
- As on December 1, the Competition Commission of India (CCI) will deal with all GST anti-profiteering complaints, after the extended tenure of the National Anti-profiteering Authority.
29th September 2021
- The anti-profiteering penalties under the CGGT act 2018, shall be deposited in the Consumer Welfare Fund. The (KNN) Consumer Unity & Trust Society (CUTS) International, consumer, and public policy research and advocacy group has requested Finance Minister (Nirmala Sitharaman).
The Anti-profiteering rules are stated by GST council to keep tax evasion and MRP rules under check. Goods and service tax is a wide tax scheme that has the target to engulf almost every taxpaying entity under its net. The tax regime subsumed various service tax and VAT duties previously prevailing in India. The authority has been in the process to be set up in India by the central government in order to ensure the proper levy of a newly incorporated anti-profiteering clause and rules. The authority will be responsible and see-through that every possible case emerging out of the Anti-profiteering.
Centre finally appoints IAS officer rank B.N. Sharma, a revenue department official to head as a chairman of the National Anti-profiteering Authority. The authority will see through any variation in the profit distribution among the consumer by the consumers after the GST applicability. Apart from the chairman, other members were also selected for the panel including J.C. Chauhan, Bijay Kumar, C.L. Mahar, and R. Bhagyadevi.
Read Also: How to Fill Anti-Profiteering Complaint Form Under GST for Illegal Profiteering?
Anti-Profiteering Committee Finally Gets Approved
The union cabinet now decided to roll out anti-profiteering through the creation of posts of chairman and technical members of the national anti-profiteering authority under GST. The decision has been taken into consideration of recently reduced tax rates which might trigger a number of illegal profiteering across the nation. The decision also assured the establishment of the apex body for anti-profiteering meant for vigilance over the reduction of goods and services prices to the consumers.
The framework of the anti-profiteering will be comprising NAA, a standing committee, a screening committee in every state and the directorate general of safeguards in the central board of excise and customs. According to the provisions, the consumers can file complaints against the company to a screening committee in a particular state. While if the case is related to the all India level, the complaint can be made to the standing committee.
The Anti Profiteering rules also include examining whether input tax credits availed by any registered taxable person or the reduction in the price on account of any reduction in the tax rate have actually resulted in a commensurate reduction in the price of the said goods or services supplied by him. The government has set the provision in its two bills namely, central draft GST bill and other is integrated GST bill, in which the provision is mingled thoroughly in a way to surpass the added benefits of tax reduction after the GST implementation.
The foreign implementation of GST has given a calculative knowledge as to appropriate lead-in time must be there to handle this new provision as well as, the business units and consumers both must be well acknowledged with the provision as to get the benefits on hand. The provision is basically very steeply in the sense that the knowledge and education must be spread like a wildfire before imposing as to retain the benefits of this provision, The ACCC has been active in the application the provision and has formulated some gestures to comply in the features of pricing guidelines, communication structure, and the market assessment to deliver the proper knowledge about the clause.
The general knowledge also seeks that the pricing is an integral part of the business and must be kept honest with the consumers. Only the pricing strategy can place some benefit to keep the compliance and honest pricing policy up by any chance and would certainly retain many consumers by the side of the business. As for the Indian economy, the GST is itself a promising choice for the upliftment of the business sectors and can certainly boost overall growth capabilities.
The recent provision regarding the Anti-Profiteering clause has been in the stage of rising on every aspect of the financial and economical line, as the ministry and apex authority has recognized the importance of new tax regime in the sense that the lowered tax rate from some sectors must also benefit the respective consumers of the sector. In the previous year, in November the provision was thought upon and was immediately taken into consideration for the upliftment of the economic condition as a whole. The Anti-profiteering clause was first thought after the cascading effects emerged from everywhere. The clause can demand a committee to safeguard the rights of consumers and will be given a chance after the authority finds more and more complaints.
While the anti-profiteering rules seem valuable to a consumer, but on the reverse side of the story the business chains, as well as the government authority, got a tremendous workload due to each and every product revaluation and tax effects on the market after the rollout of the goods and service tax.
The anti-profiteering clause will also be regulated by the complaints it receives from the consumer community as the ministry and GST council have cleared its role as a vigilante on the basis of consumers finding out any miscellaneous pricing or taxing irregularity. The government authorities have also cleared that soon they will release the procedure on how to file the complaints regarding any difference caught within the industrial tax evasion and stealing profits from the consumers share.
And about the existence of the clause, the Revenue Secretary Hasmukh Adhia said, “It may. But somebody may also argue that there may be future changes in the tax rate also and at that time, this (anti-profiteering) provision may have to be applied.”
Government Provisional Order for Anti-Profiteering
The government has been continuously under pressure to increase vigilance over the MRP under GST across the nation. The GST council has earlier set up an Anti Profiteering committee to check the tax evasion and any price related difference before and after GST from a particular product or a list of products. Under the GST, it was pre-decided that all the cost input saved after the returns of ITC benefit must be passed onto consumers in the form of a price decrease. If in case, the manufacturer of trader is not obedient to the rules, then the National Anti Profiteering Authority can order for certain rules and provision nationwide i.e.
- Price Decrease announcement
- Benefit with 18 percent interest
- Penalty
- Licence cancellation of faulty manufacturer
The consumer can file his complaint to the committee and if the nature and effect of the complaint are nationwide than the Standing committee must be contacted while if in case the nature and effect of the complaint are on the regional level than the State screening committee will take a decision on the concerned matter.
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Government Wants Traders To Give Back ITC Benefits To Common People
Under the GST regime, the traders and businesses are reverting back with the input tax credit in their respective account and this is how cascading effects go away from our indirect tax system. So it is the responsibility of traders and businesses to share their profit earned from ITC with common people in terms of reduced prices but traders are taking advantage of it and not letting avail the benefit of GST to consumers.
Sushil Modi, Deputy Chief Minister of Bihar, said that it is expected from the businesses to reduce the prices of goods accordingly and share the ITC benefits with the common people. If the trader is doing profiteering and the benefit is not reaching the common man, then the anti-profiteering organization will take strict action to reduce this type of activity. The state government has organized a state-level investigation agency, where anybody can file the complaints. After investigating the complaint at the state level, the organization will inform the national level anti-profiteering organization, and traders and companies involved in this matter will be processed.
