The ideology of anti-profiteering is pretty simple that any benefit arising because of change in the indirect tax law should not be enjoyed by the business but has to be passed on to the consumers. Since indirect taxation is a burden on consumer, any profit arising because of change in tax law should be passed on to the consumers and not to be retained by the business. 

With this basic understanding of the concept of anti-profiteering, we would now proceed to understand the provisions of anti-profiteering under the goods and service tax laws (for brevity ‘GST laws’/’GST’). Section 171 of Central Goods & Services Tax Act, 17 (for brevity ‘CGST Act’) deals with anti-profiteering provisions which states that ‘Any reduction in rate of tax on supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices’. 

Read more: ANTI - PROFITEERING

As per the provisions of Sec 80 of Income Tax Act, 1961 (‘Act’) assessee has to file return as per Section 139(3) of the Act to carry forward Business Loss/ Loss from Speculative Business/ Loss under the head Capital Gains etc.

Sec 139(3) requires the assessee to file return of loss to carry forward the losses referred above within in the time limit prescribed under Section 139(1). 

In case, if search is conducted under Section 132 of the Act, then the provisions of the Section 139 will apply subject to modifications mentioned in Section 153A. In other words, the provisions of Section 153A suspend the operation of provisions of Section 139 to the extent indicated therein. 

The issue of carry forward of loss by filing a return in pursuance of notice issue under Section 153A(1) (a) which is beyond the time limit specified under Section 139(3) was dealt with by Honourable High Court1 recently. 

Read more: CARRY FORWARD OF LOSS IN SEARCH CASES

Key Topics:

• DIRECT TAX
• GST
• FEMA
• LABOUR LAW

Key Topics:

• DIRECT TAX
• AUDIT
• IDT/GST