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India: Constitutionality of anti-profiteering provisions under GST upheld (High Court decision)

A special leave petition against the decision has been filed before the Supreme Court.

February 16, 2024

The Delhi High Court (in a batch of over 100 cases) upheld the constitutionality of section 171 of the CGST Act (dealing with anti-profiteering measures) requiring every supplier of goods or services to pass on to his customer any benefit on account of reduction in the rate of tax on such supply or the input tax credit by way of a “commensurate reduction” in prices.

A special leave petition against this decision has been filed before the Supreme Court.

The case is: Pyramid Infratech Private Limited v. Union of India & Ors.

Read a February 2024 report [PDF 421 KB] prepared by the KPMG member firm in India

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