Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Constitutional Validity of Section 171 of the CGST Act and various rules of the Central Goods and Services Tax Rules, 2017 Anti-Profiteering Measures Upheld: Delhi High Court

07 May 2024 8:19 AM

By: Admin


In a significant verdict that reinforces the principles of consumer welfare and fair market practices under the GST regime, the Delhi High Court today upheld the constitutional validity of Section 171 of the Central Goods and Services Tax Act, 2017 (CGST Act), along with several rules under the Central Goods and Services Tax Rules, 2017. The bench, comprising the Acting Chief Justice and Justice Dinesh Kumar Sharma, delivered the landmark judgment, setting a precedent in the realm of indirect taxation and consumer rights.

The petitions, filed by Reckitt Benckiser India Private Limited and M/S Adhiraj Constructions Pvt. Ltd., challenged the constitutional validity of anti-profiteering measures under the GST law, particularly focusing on the legality of notices and orders issued by the National Anti-Profiteering Authority (NAA).

In its comprehensive judgment, the Court observed, "Section 171 of the Act, 2017 is broad enough to empower the Central Government to prescribe penalty and interest to ensure that the suppliers are deterred from pocketing the benefits meant for the consumers when taxes are foregone by the Government." This observation highlights the court's stance on ensuring that the reduction in tax rates and the benefit of input tax credits are rightfully passed on to the end consumers.

Addressing the concerns regarding the composition and functioning of the NAA, the Court noted, "NAA is primarily a fact-finding body which is required to investigate whether suppliers have passed on the benefit to their recipients by way of reduced prices as mandated by Section 171 of the Act, 2017." The Court emphasized that the NAA's role is crucial in maintaining transparency and fairness in the GST regime.

Furthermore, the Court clarified the procedural aspects concerning the methodology for determining profiteering and the scope of investigation by the Director General of Anti-Profiteering (DGAP). The verdict underlined, "No fixed/uniform method or mathematical formula can be laid down for determining profiteering as the facts of each case and each industry may be different."

The judgment is a pivotal step in ensuring that the legislative intent of GST as a consumer-centric tax reform is effectively realized. It establishes a legal framework that compels businesses to adhere to ethical practices by passing on the benefits of tax reductions to the consumers, thereby preventing unjust enrichment.

Date of Decision: 29th January, 2024

Reckitt Benckiser India Private Limited And Others VS Union Of India And Ors.

 

Latest Legal News