Anti-Profiteering Under the Goods and Services Tax Law

Vanita Bhargava, Senior Partner, Khaitan & Co., India
Dev Bajpai, Wholetime Director and Vice President Legal, Hindustan Unilever Limited, India

This article is a detailed analysis of the “anti-profiteering” provisions under the Central Goods and Services Tax Act, 2017 of the Indian legal regime. Apart from delving into the domestic legal regime, the article attempts to comparatively analyse the domestic law with practices in Australia and Malaysia to discuss best practices across the world that India could take inspiration from. However, taking a step back, the need for inspiration arises in view of the vast number of pending matters before various High Courts where not just the procedural and operational aspects of the law but its very constitutionality is under challenge. The article attempts to understand these challenges to the law and concludes with how these challenges could be effectively addressed.

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India Taxation Consultant January 2022 Vol.15, No. 58, Winter 2022

Vanita Bhargava


Vanita Bhargava is a Senior Member of the Dispute Resolution Team in Khaitan & Co. She is also an Advocate on Record in Supreme Court. She has almost 25 years of experience in a variety of matters including matters relating to Constitutional laws, Taxation Laws, Environment Laws, Civil Laws, Corporate Laws, Mining Laws, Forest Laws, Shareholder Disputes and Arbitration (Domestic and International), Banking Laws and Insolvency matters and others.

Dev Bajpai


Dev is a Fellow Member of the Institute of Company Secretaries of India and has a law degree from the University of Delhi. He completed an Executive Program for Corporate Counsels at Harvard conducted by Harvard Law School. He has 30 years of experience in diverse industries that include Automobiles, FMCG, Hospitality and Private Equity, in the areas of Legal, Governance, Tax and Corporate Affairs. In the past, he has worked with Maruti Udyog Limited, Marico Limited, Indian Hotels Company Limited and ICICI Venture Funds Management Company Limited. He has been part of Committees of Apex Industry Organisations such as CII & FICCI. Dev has also represented the Industry before Parliamentary Committees.

Hindustan Unilever Limited


Hindustan Unilever Limited is a consumer goods company headquartered in Mumbai, India. It is a subsidiary of Unilever, a British company. Its products include foods, beverages, cleaning agents, personal care products, water purifiers and other fast-moving consumer goods

Khaitan & Co.


Khaitan & Co is one of India's oldest and full service law firms comprising over 750 fee earners and consultants including 170 partners and directors.

India Taxation Consultant January 2022 Vol.15, No. 58, Winter 2022

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