Nov 24, 2022
CCI to look into anti-profiteering steps under GST, replace NAA from Dec
Starting next month, the Competition Commission of India (CCI) will look into anti-profiteering measures under the Goods and Services Tax (GST), replacing the National Anti-profiteering Authority (NAA).
A notification to this effect was issued by the Central Board of Indirect Taxes and Customs (CBIC) on Wednesday.
Apart from omitting and adding rules, the notification says, "The central government, on the recommendation of the Goods and Services Tax Council, hereby empowers the Competition Commission of India ... to examine whether input tax credit availed by the registered person or the reduction of the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him."
The decision comes at a time when 50-odd cases against the constitutional validity of NAA have been clubbed and are being heard in the Delhi High Court. The biggest issue is the lack of methodology to calculate profiteering.
Abhishek Rastogi, founder of Rastogi Chambers, said while this is an expected move based on the recommendation of various states, it will be interesting to see whether CCI provides for a methodology for diverse sectors before progressing into quantum profiteering.