Case Law Details
Principal Commissioner Vs Rana Electronics and Home Appliances (National Anti-Profiteering Authority)
In this case Respondent has contravened the provisions of Section 171 (1) of the CGST Act, 2017. However, since, the penalty prescribed under Section 171 (3A) of the CGST Act, 2017 for violation of the above provisions has come in to force w.e.f. 01.01.2020 and the infringement pertains to the period from 01.01.2019 to 30.06.2019 and the Respondent has also deposited the profiteered amount along with the interest therefore, no penalty is proposed to be imposed on the Respondent.
FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING AUTHORITY
1. The present Report dated 28.02.2020 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. Briefly stated, a reference was received by the DGAP from the Standing Committee on Anti-profiteering on 28.06.2019, to conduct a detailed investigation in respect of an application, filed by the Applicant No. 1, alleging profiteering by the Respondent, in respect of supply of “Monitors and TVs of screen size upto 32 inches”. The Applicant No. 1 alleged that the Respondent did not reduce the selling price of the “Monitors and TVs of screen size upto 32 inches”, when the GST rate was reduced from 28% to 18% w.e.f. 01.01.2019, vide Notification No. 24/2018 Central Tax (Rate) dated 31.12.2018 and the price of the product was increased by the Respondent and thus the benefit of reduction in GST rate was not passed on to the recipients by way of commensurate reduction in the price, in terms of Section 171 of the CGST Act, 2017.
2. The DGAP in its Report dated 28.02.2020, inter-alia stated that:-
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