2 Archive - 09 October 2022

"09 October 2022" Archive

Alleged profiteering by Anant Raj Ltd. : NAA order re-investigation by DGAP

Smt. Renu Mittal w/o Mool Chand Mittal Vs Anant Raj Ltd. (NAA)

Smt. Renu Mittal w/o Mool Chand Mittal Vs Anant Raj Ltd. (NAA) The brief facts of the Report are that the Applicant No. 1 had filed application before the Standing Committee on Anti-profiteering, under Rule 128 (1) of the CGST Rules, 2017 and submitted that she had purchased flat in the Respondent No. l’s Project […]...

Read More

JKG Construction guilty of profiteering in its project JKG Palm Court: NAA

Sh. Deepak Garg Vs JKG Construction Pvt. Ltd. (NAA)

Sh. Deepak Garg Vs JKG Construction Pvt. Ltd. (NAA) The present Report dated 31.08.2021 had been received from the Applicant No. 2 i.e. the Director General of Anti-profiteering (DGAP) after a detailed investigation under Rule 129(6) of the Central Goods & Services Tax (CGST) Rules, 2017 alleging profiteering by the Respondent in resp...

Read More

MPHIDB guilty of Profiteering in EWS Housed in its Project at Kamayani Nagar

Janki Prasad Pandey Vs Madhya Pradesh Housing and Infrastructure Development Board (NAA)

Janki Prasad Pandey Vs Madhya Pradesh Housing and Infrastructure Development Board (NAA) The brief facts of the present case are that a reference was received from the Standing Committee on Anti-profiteering on 16.12.2020 under Rule 129 of the CGST Rules, 2017 to conduct a detailed investigation in respect of an application filed by the A...

Read More

Pearlite Real Properties guilty of profiteering in its project Godrej 24: NAA

Sh. Parvez Khan Vs Pearlite Real Properties Pvt. Ltd. (NAA)

Sh. Parvez Khan Vs Pearlite Real Properties Pvt. Ltd. (NAA) It has been revealed from the DGAP’s Report that the ITC as a percentage of the turnover that was available to the Respondent during the pre-GST period (April-2016 to June-2017) was 3.02% and during the post-GST period (July-2017 to December-2018), it was 6.66% for the [&he...

Read More

Eden Realty guilty of profiteering in its project Siddha Eden Lakeville: NAA

Rajesh Shaw Vs Eden Realty Ventures Pvt. Ltd. (NAA)

Rajesh Shaw Vs Eden Realty Ventures Pvt. Ltd. (NAA) The Applicant No.1 Rajesh Shaw alleged that the Respondent No. 1 Eden Realty Ventures Pvt. Ltd. had not passed on the benefit of ITC to him by way of commensurate reduction in prices and charged GST @12% on the amount due to him against payments made for […]...

Read More

ATS Township guilty of profiteering in its project ATS Rhapsody: NAA

Kundan Kumar Sinha Vs ATS Township Pvt. Ltd. (NAA)

Kundan Kumar Sinha Vs ATS Township Pvt. Ltd. (NAA) Applicant alleged profiteering by ATS Township Pvt. Ltd. in respect of purchase of a Flat No. 4032 in Tower-4 in the Respondent’s project ‘ATS Rhapsody’, situated at Plot No. GH12/1, Sector-1, Village Bisrakh, Greater Noida, Uttar Pradesh. The Applicant No. 1 alleged t...

Read More

ATS Homes guilty of profiteering in its project ATS Picturesque Reprieves: NAA

Director General of Anti-Profiteering Vs ATS Homes Pvt. Ltd. (NAA)

Director General of Anti-Profiteering Vs ATS Homes Pvt. Ltd. (NAA) The brief facts of the present case, are that a reference was received by the DGAP from the Standing Committee on Anti-profiteering on 15.10.2020 to conduct a detailed investigation in respect of an application filed under Rule 128 of the Central Goods and Services Tax [&h...

Read More

Export of Wheat Flour (Atta) allowed against Advance Authorization

Notification No. 39/2015-2020 [S.O. 4895(E)] 09/10/2022

The Notification No. 30/2015-20 dated 27.08.2022 is amended to the extent that Export of Wheat Flour (Atta) will be allowed against Advance Authorization, and by Export Oriented Units (EOUs) and units in SEZs, to be produced from imported wheat and without procurement of domestic wheat and subject to conditions as specified. Government of...

Read More

CENVAT Credit on Commission Agents Services – Calcutta High Court

A vexed issue, being eligibility of CENVAT credit on Sales Commission Agent's Services, post the judgment of the Hon’ble Gujarat High Court in Cadila Healthcare Limited, came up before the Division Bench of Hon’ble Calcutta High Court. The period in dispute in this case was from 2011 to 2016....

Read More

Format of Consent Letter of Statutory Auditor under Companies Act 2013

In this article author has discussed the requirement of Auditor Consent and procedures and relevant provision of the companies Act 2013 in a brief manner and also provided Format of Consent Letter of Statutory Auditor under Companies Act 2013. Subsection (1) of Section 139 is read as follows: (1) Subject to the provisions of this [&hellip...

Read More