Industry body CII has called for a greater clarity in the GST anti-profiteering rules to avoid discretionary bias. Practical implementation of the regulations without ambiguity and untoward scrutiny is required, particularly in the initial days of implementation till the system stabilises, the CII said in a statement. The anti-profiteering clause was brought in the Goods and Services Tax (GST) to ensure that businesses pass on the benefit of tax rate reduction to consumers. “The rules say benefit of input tax credit should have been passed on to the recipient by way of commensurate reduction in prices. However, as this definition is not clear, discretionary bias may creep in,” CII said. The anti-profiteering clause of GST law should provide clarity on rules and regulations regarding assessment of valuation and impact of taxes, it added.
The clause could lead to hardship for small enterprises in particular, the CII said, adding practical and procedural challenges may arise during the initial implementation period of the anti-profiteering clause. “Tax authorities will need to be sensitive to natural business outcomes and avoid undue harassment. Also, the clause gives relatively less time for preparation and adoption of the new provisions,” the CII said.
The GST was rolled out from July 1 and the government had constituted the National Anti-Profiteering Authority in November.