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High Court allows petitioner to challenge NAPA on GST benefits, grants hearing & objection rights The High Court allowed the petitioner to raise issues on merits, including jurisdiction, before the National Anti-Profiteering Authority (NAPA) regarding ...
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High Court allows petitioner to challenge NAPA on GST benefits, grants hearing & objection rights
The High Court allowed the petitioner to raise issues on merits, including jurisdiction, before the National Anti-Profiteering Authority (NAPA) regarding the non-passing of GST rate reduction benefits. The Court directed the respondent to provide the investigation report to the petitioner, who could file objections within two weeks. NAPA was instructed to grant a personal hearing to the petitioner's representative, issue a speaking order, and provide a copy to the petitioner. The petitioner could seek legal remedies if NAPA's decision was adverse, and any unfavorable order would not be enforced for three weeks from service.
Issues: Challenge to notice by Director General of Anti-Profiteering for not passing on GST rate reduction benefits.
Analysis: The High Court heard an interlocutory application along with a writ petition challenging a notice issued by the Director General of Anti-Profiteering (DGAP) regarding the non-passing of GST rate reduction benefits. The DGAP had completed the investigation, and a report was generated on 25.02.2021. The petitioner was accused of not passing on the benefit of GST rate reduction from 28% to 18%. Correspondence between the petitioner and DGAP was noted, with the petitioner submitting letters dated 28.09.2020 and 06.10.2020. The Court decided that the petitioner should have the opportunity to raise issues on merits, including jurisdiction, before the National Anti-Profiteering Authority (NAPA) as per Goods and Services Tax Rules, 2017.
The Court disposed of the writ petition and interlocutory application with specific directions. The respondent was ordered to provide a copy of the investigation report to the petitioner within two weeks. The petitioner was granted the liberty to file objections to the report within two weeks of receiving it. NAPA was directed to grant a personal hearing to the petitioner's authorized representative regarding the objections raised. NAPA was further instructed to pass a speaking order, with a copy to be provided to the petitioner. The petitioner was allowed to seek appropriate legal remedies if NAPA's decision was adverse. Additionally, if NAPA's order was unfavorable to the petitioner, it would not be enforced for three weeks from the date of service to the petitioner.
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