NAA Instructs DGAP to Re-investigate GST Profiteering Case Against MRF

In a recent update, the National Anti-Profiteering Authority (NAA) has instructed the directorate general (DGAP) to conduct a detailed investigation in the alleged profiteering complaint against the MRF corporation.

The complaint, which was filed by a consumer of MRF, says that the prices of some goods supplied by the company were increased or remained unchanged even though the GST rate on the same was reduced from 28% to 18% w.e.f July 27, 2018, and the benefit for the same was not being passed on to the consumers.

The DGAP in its first report said, “As per the outward sales data submitted by the Noticee, it has been observed that approximately 90 products were not sold before July 27, 2018, and accordingly they are construed as new products launched by the Noticee post GST rate reduction and therefore, they have been kept out of the purview of anti-profiteering.”

However, the NAA objects the Director General of Anti-Profiteering (DGAP) The Madras High Court granting interim stay upon the anti-profiteering inquiry stated that notice shall not be alloted excluding the report of Director General of Anti-Profiteering (DGAP) seeking report saying that there is no indication anywhere in the report that the committee made an effort to investigate the outward taxable supplies of the Respondent (MRF) made during the previous months of May 2018, April 2018, March 2018, and so on in order to find out whether the said 90 products are in fact new and were not being sold by the company before GST rate reduction.

As a result, the Authority has instructed the DGAP to keep on investigating the Respondent company to confirm that the given 90 products were in fact launched post-July 27, 2017, and therefore, are not liable to get a GST rate cut. Also, the National Anti-profiteering Authority In today GST regime, the Centre and State Governments and taxpayers are utterly reliable on Goods and Services Tax Network (GSTN) for IT infrastructure has directed the MRF Corp. to provide its full support to the DGAP in its investigation, the failure of which might result in a penalty.