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National Anti-Profiteering Authority

Profiteering if benefit of reduction in the rate of tax/ additional ITC not passed to buyers

May 5, 2020 867 Views 0 comment Print

Shri Anil Sharma Vs Printing Machine Solutions (National Anti-Profiteering Authority) This Report dated 25.10.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP), under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017. The brief facts of the present case are that an application dated […]

Azeagaia Development agreed to pass on ITC benefit to Flat Buyers: NAA

May 5, 2020 1524 Views 0 comment Print

Sh. Naresh K. Khetan Vs M/s. Azeagaia Development Pvt. Ltd. (National Anti-Profiteering Authority) The present Report dated 24.09.2019 has 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 & Service Tax (CGST) Rules, 2017. The brief facts of […]

Samsonite India Guilty of Profiteering – Not reduced Suitcase price despite GST Rate reduction

April 28, 2020 1494 Views 0 comment Print

Rahul Sharma Vs Samsonite India (NAA) The present Report dated 24.09.2019 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. The brief facts of the case are that an application dated 30.07.2018 […]

NAA directs DGAP to verify claim of Issue of Credit notes for passing ITC benefit

April 20, 2020 291 Views 0 comment Print

Report of the DGAP the claim made by the Respondent that he has passed on the benefit of ITC by issuing credit notes also needs to be verified. Based on the above findings, the Report dated 24.09.2019 furnished by the DGAP cannot be accepted and the DGAP is directed to further investigate the present case under Rule 133 (4) of the CGST Rules, 2017.

NAA directs DGAP to Further Investigate Profiteered amount by Cloudtail India

April 20, 2020 201 Views 0 comment Print

Samit Chakraborty Vs Cloudtail India Pvt. Ltd. (NAA) Fact of the Case: The brief facts of the case are that the Standing Committee on Anti-profiteering vide its communication dated 11.03.2019 had requested the DGAP to conduct detailed investigation as per Rule 129 (1) of the above Rules on the allegation made by the Applicant No. […]

Non reduction of price of ‘Fly Ash Blocks despite GST Rate reduction was Profiteering: NAA

April 13, 2020 3537 Views 0 comment Print

Sh. Apoorve Talera Vs Litecon Industries Pvt. Ltd. (NAA) It is established that the Respondent has acted in contravention of the provisions of Section 171 of the CGST Act, 2017 and has not passed on the benefit of reduction in the rate of tax to his recipients by commensurate reduction in the prices. Accordingly, the […]

Benefit of tax reduction to the customers should be passed only by way of Rate Reduction: NAA

March 19, 2020 792 Views 0 comment Print

Sh. Rahul Sharma Vs Reckitt Benckiser India Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent has further contended that there was no stipulation in Section 171 which required that the benefit of rate reduction should be passed on to the customers by ‘commensurate reduction’ only in cash and methods like increase in the quantity of goods […]

DGAP cannot claim non-passing of ITC Benefit to buyer without evidence: NAA

March 19, 2020 426 Views 0 comment Print

Smt. Naina Rani Vs Pivotal Infrastructure Pvt. Ltd. (NAA) Fact of the Case: The brief facts of the case are that vide her application dated 30.11.2018 filed before the Standing Committee on Anti-profiteering under Rule 128 of the CGST Rules, 2017, the Applicant No. 1 had alleged profiteering by the Respondent in respect of purchase […]

NAA directs DGAP to investigate eligibility of ITC of Buyers & Sahej Realcon

March 19, 2020 399 Views 0 comment Print

Arbind Biswal Vs Sahej Realcon Pvt. Ltd. (NAA) Fact of the Case: The brief facts of the case are that vide his application dated 07.01.2019 filed on the Complaint Portal of this Authority which was forwarded to the Odisha State Screening Committee on Anti-Profiteering on 05.02.2019, under Rule 128 of the CGST Rules, 2017, the […]

NAA found ‘Subway Franchisee’ guilty of Profiteering

March 17, 2020 1104 Views 0 comment Print

Assistant Commissioner of State Tax Vs N. Rai Delights LLP (NAA) It is clear from the plain reading of Section 171(1) mentioned above that it deals with two situations one relating to the passing on the benefit of reduction in the rate of tax and the second about the passing on the benefit of the […]

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