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Published on:
February 23, 2023
By
Paramita

Anti-Profiteering Law in GST and Establishment of National Authority

The implementation of the Goods and Services Tax (GST) in India has been a game-changer for the country's taxation system. GST is a comprehensive indirect tax levied on the supply of goods and services, including value-added tax, central excise duty, and service tax. However, the implementation of GST has not been without its challenges.

One of the main challenges has been to prevent businesses from charging higher prices after the implementation of GST. To address this challenge, the government introduced the Anti-Profiteering Law in GST. The Anti-Profiteering Law was introduced to ensure that the benefits of the GST regime are passed on to the customers in the form of reduced prices.

What is the Anti-Profiteering Law in GST?

The Anti-Profiteering Law in GST is a mechanism to ensure that businesses do not benefit from the GST regime at the expense of their customers. Under the Anti-Profiteering Law, businesses are required to pass on any reduction in the tax burden to their customers by reducing the prices of goods and services.

The Anti-Profiteering Law was introduced in India under the GST regime, and it is enforced by the National Anti-Profiteering Authority (NAA).

Establishment of National Anti-Profiteering Authority (NAA)

The National Anti-Profiteering Authority (NAA) was established in November 2017 to investigate complaints of profiteering against businesses. The NAA is a quasi-judicial body that is responsible for ensuring that businesses comply with the Anti-Profiteering Law under the GST regime.

The NAA is empowered to investigate complaints of profiteering from customers and pass necessary orders against businesses found guilty of profiteering. The NAA can order the businesses to reduce the prices of goods and services or refund the excess amount collected from customers due to profiteering.

How does the Anti-Profiteering Law work?

The Anti-Profiteering Law in GST requires businesses to pass on the benefits of reduced tax rates or input tax credit to their customers by reducing the prices of goods and services. The government has provided a formula to calculate the reduction in prices that businesses need to pass on to their customers.

The formula to calculate the reduction in prices is as follows:


Reduction in Price = (Current Tax Rate – Revised Tax rate) x (Taxable Value / Current Tax rate)

The Anti-Profiteering Law applies to all businesses that are registered under the GST regime. Businesses are required to maintain detailed records of their prices and tax rates before and after the implementation of GST. The records should be maintained for a minimum of two years after the implementation of GST.

Conclusion

The Anti-Profiteering Law in GST is a mechanism to ensure that businesses do not benefit from the GST regime at the expense of their customers. The law is enforced by the National Anti-Profiteering Authority (NAA), which is responsible for investigating complaints of profiteering against businesses.

The Anti-Profiteering Law requires businesses to pass on the benefits of reduced tax rates or input tax credit to their customers by reducing the prices of goods and services. The implementation of the Anti-Profiteering Law in GST has helped prevent businesses from charging higher prices after the implementation of GST, and it has ensured that the benefits of the GST regime are passed on to the customers in the form of reduced prices.

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