Union Cabinet approves setting up GST Anti-Profiteering Authority.

The Union Cabinet approved setting up of National Anti-Profiteering Authority (NAA), an apex body with an overarching mandate under Goods and Services Tax (GST) regime so as to ensure the benefit of tax reaches consumers. It also approved creation of posts of Chairman and Technical Members of National Anti-Profiteering Authority (NAA) under GST regime.

National Anti-Profiteering Authority (NAA) The NAA is tasked with ensuring full benefits of reduction in tax on supply of goods or services flow to consumers. It is responsible for applying anti-profiteering measures in event of reduction GST rate on supply of goods or services or if benefit of input tax credit is not passed on to recipients by way of commensurate reduction in prices

Powers and functions

If NAA finds that company has not passed on benefits of tax reduction, it can direct entity to pass on benefits to to consumers along with interest from the date of collection of the higher amount till date of return of such amount. If the beneficiary cannot be identified, NAA can ask company to transfer amount to the ‘Consumer Welfare Fund’, as provided under Section 57 of CGST Act.

In extreme casesNAA can impose a penalty on defaulting business entity and even order cancellation of its registration under GST. NAA also has power to cancel registration of any entity or business if it fails to pass on benefit of lower taxes under GST regime to consumers, and and empowers consumers to approach it in case of any complaint.

Framework

The anti-profiteering framework under new indirect tax regime consists of NAA at top level, standing committee, screening committees in every state and Directorate General of Safeguards (DGS) in Central Board of Excise & Customs (CBEC). The GST Council earlier had approved setting up of five-member NAA to enable consumers to file complaints in case benefits are not transferred to them Section 171 of Central GST Act pertaining to anti-profiteering, provides that any reduction in rate of tax on supply of goods or services or benefit of input tax credit must be passed on to recipient (consumer) by way of commensurate reduction in prices