2022 (5) TMI 633 - HC - GST

Anti-profiteering authority's jurisdiction to conduct suo moto investigations under Rule 133 upheld by court

M/s. Theco India Pvt. Ltd. Versus The Secretary, The National Anti-profiteering Authority, The Director General of Anti-profiteering, New Delhi

M/s. Theco India Pvt. Ltd. Versus The Secretary, The National Anti-profiteering Authority, The Director General of Anti-profiteering, New Delhi - TMI Issues Involved:1. Jurisdiction and power of the National Anti-Profiteering Authority (NAA) under Rule 133 of the CGST Rules, 2017.2. Retrospective application of Rule 133(4) and (5) (a) & (b) of the CGST Rules.3. Procedural compliance and the methodology of computation of profiteering.4. Maintainability of the writ petition and availability of alternate remedies.Issue-wise Detailed Analysis:1. Jurisdiction and Power of the National Anti-Profiteering Authority (NAA):The petitioner, a trader in dental equipment, challenged a notice issued by the NAA based on a report by the Director General of Anti-Profiteering (DGAP). The petitioner argued that the suo moto investigation powers under Rule 133 of the CGST Rules were only available to the Authority from 28.06.2019, and hence the notice was without jurisdiction. The court noted that the petitioner had already complied with an earlier order directing the remission of an amount to a complainant. The Authority had directed a fresh investigation to unearth further instances of unjust enrichment, which led to the impugned notice.2. Retrospective Application of Rule 133(4) and (5) (a) & (b):The petitioner contended that the amendments to Rule 133, which expanded the Authority's powers, should apply prospectively from 28.06.2019 and not to complaints filed before this date. The court examined the legislative intent and the purpose of the anti-profiteering measures. It concluded that the amendments were procedural and should apply retrospectively to ensure the effective implementation of the GST regime's objectives. The court relied on precedents, including the Supreme Court's judgment in Excel Crop Care Ltd. v. Competition Commission of India, to support the retrospective application of procedural rules.3. Procedural Compliance and Methodology of Computation of Profiteering:The petitioner raised concerns about the methodology used to compute profiteering, arguing that it lacked precision. However, the court noted that the petitioner had not challenged the relevant provisions of the Act and Rules. The court found that the DGAP had followed the prescribed procedure, including hearing the petitioner before finalizing its report. The court upheld the procedural compliance and directed the petitioner to respond to the show cause notice issued by the Authority.4. Maintainability of the Writ Petition and Availability of Alternate Remedies:The respondents argued that the petitioner had an effective remedy under Rule 133(2) to file an appeal against the DGAP's report. The court acknowledged the availability of alternate remedies but decided to address the legal issue raised by the petitioner. The court held that the assumption of jurisdiction by the respondents was valid and dismissed the writ petition. The court directed the petitioner to comply with the impugned notice, submit explanations, and contest the findings before the Authority.Conclusion:The court dismissed the writ petition, upholding the retrospective application of Rule 133(4) and (5) (a) & (b) of the CGST Rules and the jurisdiction of the National Anti-Profiteering Authority. The petitioner was directed to respond to the show cause notice and contest the findings in the DGAP's report before the Authority. The court emphasized the procedural compliance and the purpose of the anti-profiteering measures under the GST regime.