Goods and Services Tax

Anti Profiteering under GST – an alternative viewpoint

Goods and Services Tax – GST – By: – pranav deshpande – Dated:- 6-12-2018 – Anti-profiteering is a welcome socio-economic measure brought about by the Government, under the GST regime. The objective of the legislation is to ensure that any benefits arising from a reduction in the tax incidence, is not enjoyed by the subject being taxed, but is passed on to the person from whom such tax is recovered. This is also in alignment with the principle of unjust enrichment. However, on the implementation front, there could be a challenge, given the way the section pertaining to anti-profiteering has been drafted and it's placement in the scheme of things. The challenge is interpretational, of course, but does not detract from the possibility of

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oncept of supply was not there under VAT laws or under service tax laws. Earlier, we had terms like 'sale' 'lease' 'service' 'manufacture' 'entry' etc, all of which existed till 30th June 2017 but which got subsumed within one word, 'supply' but with effect from 1st July 2017 and not prior to that. That being the case, it is then possible to hold an interpretation that section 171(1) ultimately provides that anti-profiteering has to be tested, not between ST/VAT and GST regime, but between GST at a higher rate on any product/service and GST at a lower rate on any product/service. That is to say, any query on anti-profiteering, that seeks to compare pre-GST and post-GST models, may well be resp

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