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TMI BlogIntroduction - Anti-profiteering in GST lawX X X X Extracts X X X X X X X X Extracts X X X X ..... sharp fall in the tax rate post-VAT implementation. As a learning from the VAT experience, legal teeth was sought to be provided in GST law by incorporating anti-profiteering provisions to check profiteering by businesses when GST was being rolled out in the country. Meaning of Profiteering In terms of Section 171 of the CGST Act, 2017, the suppliers of goods and services should pass on the benefit of any reduction in the rate of tax or the benefit of input tax credit to the recipients by way of commensurate reduction in prices. The wilful action of not passing on the above benefits to the recipients in the manner prescribed is known as profiteering . Anti-profiteering mechanism under GST Act CGST Act, 2017 mandates a 3-tier structure for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sm. It can summon the interested parties or make inquiry or call for the relevant documents for the investigation. It can take help from technical expert in the due course of investigation. [ Rule 132 of CGST Rules, 2017 ] DG Anti-Profiteering shall complete the investigation within a period of six months of the receipt of the reference from the Standing Committee or within such extended period not exceeding a further period of three months for reasons to be recorded in writing as may be allowed by the Authority. [ Rules 129 (6) of CGST Rules, 2017 ]. Where can a consumer register his complaint for redressal Charging more than MRP attracts the provisions of Legal Metrology Act. In case of over-charging over MRP, a complaint can be lodged on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in Form APAF-01, before the Standing Committee on Anti-profiteering or before the State Level Screening Committee. (If the issue involved is of local nature). The State Level Screening Committee constituted in every State/UT with legislature examines it forwards it to the Standing Committee constituted at the national level, if a prima facie case of profiteering is made out against the registered person. Thereafter, the Standing Committee shall refer the matter to the Director General of Anti-Profiteering (erstwhile DG, Safeguards) for a detailed investigation, if prima facie evidence of profiteering exists. The DG, Anti-Profiteering shall conduct the investigation and submit its report to the National Anti-Profiteering Authority (NAA) co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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