24.11.2022: Anti-Profiteering complaints to be dealt by the Competition Commission of India from 1st December: CBIC notifies





The Central Board of Indirect Taxes and Customs (CBIC) has issued Notification No. 23/2022-Central Tax dated 23.11.2022, to empower the Competition Commission of India (CCI) established under sub-section (1) of section 7 of the Competition Act, 2002(12 of 2003), to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him w.e.f. 01 st December, 2022. 

Also, the CBIC has issued Notification No. 24/2022-Central Tax dated 23.11.2022, to make amendment in the CGST Rules, 2017 for cease the tenure of National Anti-profiteering Authority (NAA) w.e.f. 01 st December, 2022. 

Till now, the National Anti-profiteering Authority (NAA) was set up in November 2017 under Section 171A of the GST law to check unfair profiteering activities by registered suppliers. The Authority’s core function is to ensure that benefits of reduction in GST rates on goods and services and of the input tax credit are passed on to consumers by way of reduction in prices. Initially, it was set up for two years till 2019, but was later extended till November 2021. The GST Council, in its 45th meeting in September last year, gave another one-year extension till November 30, 2022, to NAA and also decided to shift the work to CCI after that. As per the decision by the Council, NAA will cease to exist from December 1. Henceforth, all investigations, based on complaints filed by consumers, will be done by the Directorate General of Anti-profiteering (DGAP) which will then submit a report to CCI.

The Notification 23/2022-Central Tax can be accessed at https://taxo.online/wp-content/uploads/2022/07/ct23-2022.pdf
The Notification 24/2022-Central Tax can be accessed at https://taxo.online/wp-content/uploads/2022/07/ct24-2022.pdf


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