The Finance Ministry has said that the proposed National Anti-profiteering Authority under Goods and Services Tax (GST) will be accountable for ensuring that the full benefits of a reduction in tax on supply of goods or services flow to the consumers and will bolster consumer confidence. The GST Council has formed a selection committee headed by the Cabinet Secretary to identify and recommend eligible persons for appointment as the chairman and members of the National Anti-profiteering Authority. The Authority is to be headed by a senior officer of the level of a secretary to the government of India and is to have four technical members from the Centre and/or the states.
The authority shall be responsible for applying anti-profiteering measures in the event of a reduction in rate of the GST on supply of goods or services or, if the benefit of input tax credit is not passed on to the recipients by way of commensurate reduction in prices. If the undue benefit cannot be passed on to the recipient, it can be ordered to be deposited in the Consumer Welfare Fund. In extreme cases, the National Anti-profiteering Authority can impose a penalty on the defaulting business entity and even order the cancellation of its registration under GST.
The already notified rules on anti-profiteering measures provide that applications seeking to invoke anti-profiteering measures shall be examined by a standing committee. However, if the application relates to a local matter, when the business is located in only one state, it shall be first examined by a state level screening committee. The standing committee is empowered to refer cases requiring detailed inquiry to director general of safeguards, Central Board of Excise and Customs (CBEC), who shall give recommendation for consideration of the National Anti-profiteering Authority.
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