Anti-Profiteering Under the Goods and Services Tax Law
Abstract
This article is a detailed analysis of the “anti-profiteering” provisions under the Central Goods and Services Tax Act, 2017 of the Indian legal regime. Apart from delving into the domestic legal regime, the article attempts to comparatively analyse the domestic law with practices in Australia and Malaysia to discuss best practices across the world that India could take inspiration from. However, taking a step back, the need for inspiration arises in view of the vast number of pending matters before various High Courts where not just the procedural and operational aspects of the law but its very constitutionality is under challenge. The article attempts to understand these challenges to the law and concludes with how these challenges could be effectively addressed.