THE government intends to merge the probe wings of the National Anti-profiteering Authority NAA) and the Competition Commission of India CCI) to tackle goods and services tax-linked wrongdoings. This is likely to take place by the end of this year.
With this attempt, the government desires to continue the legacy of NAA and make sure it passes on the GST rate cut benefits punctually to all beneficiaries or consumers. After the merger, the competition watchdog may likely take over all pending anti-profiteering cases of the NAA. The GST Council first deliberated the recommendation to merge the two entities and asked the CCI to evaluate the merger possibility.
So what is the job of the NAA? Although the Goods and Service Tax Act was introduced in July 2017, the NAA was founded under the Central GST CGST) Act in November 2017. Its specified objective was to guarantee that any decrease in GST rates or the benefit of the input tax credit ITC) was transferred to the beneficiary through a proportionate or equal decrease in prices.
The immediate cause for the creation of the NAA was rate drops for more than 200 products by the GST Council in its 23rd meeting at Guwahati in November 2017. Until May 2022, there were approximately 400 pending cases with the NAA. More precisely, the ministry of finance had warned the Authority to conclude and give closure to as many cases as possible quickly.
Section 171 of the CGST Act pronounces that the Council may establish an anti-profiteering authority or authorise an existing authority like CCI) founded under any law. Around 136 writ appeals have been filed by several parties before various High Courts, including Delhi, Bombay, Madras, Kolkata, Allahabad, Karnataka, and Gujarat, confronting the constitutional legality of antiprofiteering regulations. The petitioners include Hindustan Unilever, Jubilant Food Works, Abbott, Nestle, Whirlpool, IFB and Johnson Johnson.
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