Are the reduced GST rates on commodities retrospective

[Abhishek Panicker]

I would like the experts to kindly inform whether -

The tax rates on commodities which the GST council has been reducing in almost every meeting is applicable retrospectively.

This is because if it is so, then the prices of these goods should see a downward revision which necessarily does not seem to be the reality. And if this is the reality, then the Anti-Profiteering mechanism should come into play. But is the department doing so?

Moreover, even if the reduced rates are not retrospective, then the goods which are packaged prior to this reduction exhibit the prices which were arrived at on the basis of the higher taxation rates.

How will the buyer come to know if he has been extended the benefit of the reduced tax rates?

GST has become a mess as far as tax rates are concerned. Why cannot we go back to the old system of Tariff classification and prescribing tax rates rather than specifying the 'commodities' and imposing tax rates.

I fear that every GST council meeting there were would be a demand from so and so association of manufacturers to reduce the tax rates and we would be having a tax rate correction the year around.

How can then one call this as One Nation, One tax?

God bless us all.

[DR.MARIAPPAN GOVINDARAJAN]

It will be cleared only on the publication of notification.

[KASTURI SETHI]

No possibility of retrospective effect.

[Himansu Sekhar]

No alwayss prospective. If it will be retrospective refunds will be due to the people.

AI Summary

Reduced GST rates: prospective effect after formal notification, retrospective treatment would create refund obligations. Whether reduced GST rates apply retrospectively or prospectively depends on formal publication: the statutory notification determines timing, with the prevailing position that reductions are prospective; retrospective treatment would give rise to refund obligations, while the supplier's duty to pass on savings and anti profiteering scrutiny depend on the effective date and factual notice.