Tribunal To Examine Anti-Profiteering: CBIC

The Central Board Of Indirect Taxes and Customs (CBIC) has notified that the principal bench of appellate tribunal empowered to examine anti-profiteering from 1 October 2024.

The Board empowered on the recommendations of the Goods and Services Tax Council, empowered the Principal Bench of the Appellate Tribunal, constituted under section 109 (3) of the CGST Act, 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 that registered person.

Section 109 of the CGST Act pertains to the Constitution of Appellate Tribunal and Benches. Section 109(3) states that the Government shall, by notification, constitute a Principal Bench of the Appellate Tribunal at New Delhi which shall consist of the President, a Judicial Member, a Technical Member (Centre) and a Technical Member (State).

The Board has appointed 1st April, 2025 as the date from which the Authority under section 171(2) of the CGST Act shall not accept any request for examination as to 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 that registered person.

Section 171 of the CGST Act relates to anti-profiteering measures. Section 171(2) states that the Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, 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.