Headnote
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These are a batch of writ petitions filed before the Delhi High Court challenging proceedings and orders passed by the National Anti-Profiteering Authority (NAA) and the Directorate General of Anti-Profiteering (DGAP) under the Goods and Services Tax regime. The petitioners, comprising various companies and traders from diverse sectors including fast-moving consumer goods, real estate, food services, and pharmaceuticals, questioned the constitutional validity and legality of the anti-profiteering provisions and the authority's functioning.
The connected matters were heard together as they raised common questions of law relating to the anti-profiteering mechanism established under the Central Goods and Services Tax Act, 2017. The petitioners challenged, inter alia, the constitution of the NAA, the methodology adopted for determination of profiteering, and the powers exercised by the DGAP and NAA in conducting investigations and passing orders.
The Court, constituted by a bench of Justice Manmohan and Justice Dinesh Kumar Sharma, took up all the connected writ petitions for a consolidated hearing and disposed of them by a common judgment running to 142 pages, addressing the various legal contentions raised by the petitioners and the responses of the Union of India, NAA, and DGAP.
Catchwords:
Anti-profiteering · GST · National Anti-Profiteering Authority · Directorate General of Anti-Profiteering · Central Goods and Services Tax Act 2017 · constitutional validity · writ petition · price reduction · input tax credit · consumer protection
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Full Judgment Text
[Cites 97, Cited by 0]
Delhi High Court
Lifestyle International Pvt. Ltd. vs Union Of India & Ors. on 29 January, 2024
Author: Manmohan
Bench: Dinesh Kumar Sharma, Manmohan
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7743/2019
RECKITT BENCKISER INDIA PRIVATE LIMITED ..... Petitioner
Through: Mr. P. Chidambaram, Senior Advocate
with Mr. R. Jawahar Lal, Mr. Siddharth
Bawa Mr. Anuj Garg, Mr. Mohit Sharma
and Ms. Harshita Advocates.
Mr.Amar Dave, Amicus Curiae with Mr.
Vikramaditya Bhaskar, Advocate.
versus
UNION OF INDIA THROUGH: ITS SECRETARY & ORS.
..... Respond
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