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National Anti-Profiteering Authority

NAA withdraws Penalty Notice issued to Aster Infrahome

December 11, 2020 489 Views 0 comment Print

Santosh Kumari through Saurabh Prabhakar Vs Aster Infrahome Pvt. Ltd. (NAA) It is also revealed from the perusal of the CGST Act and the Rules framed under it that the Central Government vide Notification No. 01/2020-Central Tax dated 01.01.2020 has implemented the provisions of the Finance (No. 2) Act, 2019 from 01.01.2020 vide which sub-section 171 […]

Caroa Properties Not Guilty of Profiteering U/s. 171: NAA

December 11, 2020 765 Views 0 comment Print

Director General of Anti-Profiteering Vs Caroa Properties LLP (NAA) It is clear from a plain reading of Section 171(1) of the Act, ibid, that it deals with two situations, one relating to the passing on the benefit of reduction in the rate of tax and the second relating to the passing on of the benefit […]

Elan Ltd. Guilty of not passing ITC benefit in its Project ‘Mercado’

December 11, 2020 1698 Views 0 comment Print

Mool Chand Mittal Vs Elan Ltd. (NAA) The brief facts of the case are that an application was filed under Rule 128 of the Central Goods and Services Tax Rules, 2017 by the Applicant No. 1, alleging profiteering by the Respondent in respect of purchase of Shop No. GF-0131-A, in the Respondent’s project “Mercado” situated […]

NAA directs DGAP to further investigate alleged Profiteering by DLF Limited

December 11, 2020 669 Views 0 comment Print

Sudhir Kumar Jain Vs DLF Limited (NAA) The Applicant No. 1 has contended that the Respondent has wrongly charged GST @18% on the PLC on the sale of flat to him after issue of Completion Certificate. In this regard, it is pertinent to mention that as per the provisions of Section 171 of the CGST […]

NAA directs DGAP to further investigate alleged Profiteering by MRF Corp.

December 11, 2020 741 Views 0 comment Print

P. V. Narayanan Vs MRF Corp. Ltd. (NAA) The DGAP vide Para 15 of his Report dated 27.02.2020 has also stated that “as per the outward sales data submitted by the Noticee, it has been observed that approximately 90 products were not sold before 27.07.2018 and accordingly they are construed as new products launched by […]

DGAP to re-investigate alleged profiteering by Assotech Ltd.

December 11, 2020 1110 Views 0 comment Print

Rishabh Jain Vs Assotech Ltd. (NAA) NAA held that DGAP Report dated 29.06.2020 cannot be accepted and the DGAP is directed to further investigate the matter as per the provisions of Rule 133 (4) of the above Rules on the following issues and furnish his fresh Report in terms of Rule 129 (6):- (i) On […]

NAA directs DGAP to reinvestigate profiteering allegation against Supertech Limited

December 11, 2020 669 Views 0 comment Print

Mukesh Kumar Vs Supertech Limited (NAA) It is observed that provision of the RERA Act, 2016 makes it mandatory for a real estate developer/promoter to maintain separate bank accounts for each of his projects registered separately under the RERA Act, 2016. In the case of the Respondent, the above provision implies that he was required […]

NAA directs DGAP to further investigate in case of ‘Lifeways Infrastate’

December 11, 2020 270 Views 0 comment Print

Ashok Kumar Singh Vs Lifeways Infrastate Pvt. Ltd. (NAA) RERA Act, 2016 makes it mandatory for a real estate developer/promoter to maintain separate bank accounts for each of his projects registered separately under the RERA Act, 2016. In the case of the Respondent, the above provision implies that he was required to maintain four separate […]

Subwest Restaurant not passed benefit of GST rate reduction: NAA

December 11, 2020 435 Views 0 comment Print

Hussain Shoaib Kothalia Vs Subwest Restaurant LLP  (NAA) The brief facts of the case are that an application was filed by the Applicant No. 1 with the Maharashtra State Screening Committee on Anti-profiteering alleging profiteering in respect of restaurant service supplied by the Respondent despite the reduction in the rate of GST from 18% to […]

Section 171(3A) penalty provisions not applicable between 01.07.2017 to 31.12.2018

December 10, 2020 1206 Views 0 comment Print

Gopinath Dombla Vs Navkar Associates (NAA) It is revealed from the perusal of the CGST Act and the Rules framed under it that the Central Government vide Notification No. 01/2020-Central Tax dated 01.01.2020 has implemented the provisions of the Finance (No. 2) Act, 2019 from 01.01.2020 vide which sub-section 171 (3A) was added in Section […]

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