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ANTI PROFITEERING PROVISIONS AND AUTHORITY IN GST (PART-2)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 4-10-2017 Last Replied Date:- 7-10-2017 - Anti-Profiteering Rules The GST Council in its meeting on 18th June, 2017 approved and the Government has notified the Anti-Profiteering related Rules vide Chapter XV of the Central GST Rules, 2017 (Rules 122 to 137) which extend to whole of India except to State of Jammu and Kashmir. These rules contain rules inter alia, in relation to- Definitions of Committee, Authority, Interested part .....

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ion and conduct of proceedings (Rule 129) Confidentiality of information (Rule 130) Cooperation with other agencies or statutory authorities (Rule 131) Power to summon persons to give evidence and produce documents (Rule 132) Order of the Authority (Rule 133) Decision to be taken by the majority (Rule 134) Compliance by the registered person (Rule 135) Monitoring of the order (Rule 136) Tenure of Authority (Rule 137) Implementation of Provisions and Procedure The Government has prescribed the ru .....

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nefit of input tax credit has been passed on by the registered person to the recipient by way of commensurate reduction in prices. Within two months of receiving an application, the Standing Committee would examine it and send it to the State Level Screening Committee. Based on its recommendations, the Director General of Safeguards (DGS) would investigate the complaint with in a period of three months. Thereafter, DGS, which has the power to issue summons, will conduct investigation and give it .....

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s who have been commissioners of central or state taxes. The GST Council will have the power to constitute a Standing Committee on Anti-profiteering, which will consist of officers of state governments and the central government. If found to have merit, the complaint would then be forwarded to the authority. It would pass its order within three months. An opportunity of hearing shall be granted to the interested parties by the Authority where any request is received in writing from such interest .....

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tions to the standing committee. State level panels will watch out for instances of businesses not passing on the benefits of tax reduction to consumers in the GST regime. The orders passed by the APA shall follow the principles of natural justice and as such, opportunity of being heard shall be provided. The rules are silent on further appeal against orders of APA. Nor does it stipulate that such orders shall be final. It provides that orders passed by APA have to be complied with immediately b .....

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unt of profiteering Cancellation of registration Power to cancel Registration of Assessee Anti-Profiteering Authority (APA) shall act a monitoring and regulatory authority to curb anti-profiteering practices of tax payers under GST regime. The APA shall be duty bound to: Make company reduce the prices Make company refund the money to the consumer alongwith interest @ 18% p.a. Order company to deposit the refund amount in the Consumer Welfare Fund (in case the buyer is not identifiable) Impose mo .....

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usiness may be too harsh and even unconstitutional. There could also be disputes on undue profiteering may not actually be so as there would be other costs / overheads which may set off the profit, if any, accruing from GST efficiency. It will also add to disputes and litigation. Time period of Provision Rule 138 on anti-profiteering measures shall have a sunset clause. The rules framed for anti-profiteering indicate that it would operate for a period of only two years. Thus, it would cease to e .....

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ed only if there is a credible complaint. Both, centre and states in due course, shall prescribe the procedure for filing the complaints where the complainant facts that the benefit of tax cut has not been passed on to him as well as the quantum of penalty to be imposed. There are many aspects that are currently open ended. Authority is to be empowered to examine this. The finer rules and regulations and penalties have been prescribed while operational guidelines will follow. The yardstick that .....

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