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National Anti-Profiteering Authority

No profiteering if ITC availed in post-GST period is low in comparison to pre-GST period

February 25, 2020 840 Views 0 comment Print

Paramjeet Rathee Vs Supertech Limited (NAA) The Applicant No. 1 has further contended that while calculating profiteering, the DGAP has not considered the type of sale consideration i.e. Subvention Plan or CLP Plan, pre-­GST impact of ITC on cost, Cost Sheet Proforma for Goods/Services pre-GST and post-GST, Summary of purchased materials/imputs versus Construction Stages and […]

DGAP investigation not illegal if Benefit of Tax Reduction Not Passed within Prescribed Period of 2 Months

February 17, 2020 531 Views 0 comment Print

Rahul Sharma Vs J. K. Helene Curtis Ltd. (NAA) Facts 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 a detailed investigation as per Rule 129 (1) of the above Rules on the allegation that M/s Raymond […]

DGAP Investigation against Cloudtail India under rule129 (1) is Legal: NAA

February 17, 2020 630 Views 0 comment Print

Samit Chakraborty Vs Cloudtail India Pvt. Ltd. (NAA) Facts 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. […]

NAA found Builder guilty of not passing net benefit of ITC

February 14, 2020 897 Views 0 comment Print

Manish Saini Vs Ramaprastha Promoter & Developer Pvt. Ltd. (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 pertaining to the passing on the benefit of the […]

No profiteering if no change in Tax Rate in Pre & Post GST Era

February 10, 2020 801 Views 0 comment Print

In the present case, we observe that the allegation of the Applicant No. 1 is that the Respondent had maintained the same selling price in respect of supplies of the said Power Bank before and after coming into force of Notification No. 24/2018-Central Tax (Rate) dated 31.12.2018 and he had not passed on the benefit of reduction in the GST rate to the Applicant No. 1 and other recipients.

Builder denied benefit of ITC to buyers of flats and shops: NAA

January 7, 2020 2178 Views 0 comment Print

Smt. Shubhra Vipin Gajbhiye Vs Pyramid Arcades Pvt. Ltd (National Anti-Profiteering Authority) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 4.52% of the turnover during the period from July, 2017 to December, 2018 and hence the provisions of Section 171 of […]

NAA directed DGAP to Re-Investigate in case of Pearlite Real Properties

January 3, 2020 1839 Views 0 comment Print

Parvez Khan Vs Pearlite Real Properties Pvt. Ltd. (NAA) Facts of the Case: The brief facts of the present case are that an application dated 15.10.2018 was filed before the Standing Committee on Anti-profiteering, under Rule 128 (1) of the Central Goods and Services Tax (CGST) Rules, 2017 by the Applicant No. 1, alleging profiteering […]

NAA directed DGAP to Re-Investigate in case of E-Homes Infrastructure Pvt. Ltd.

January 3, 2020 870 Views 0 comment Print

Sumit Mansingka Vs E-Homes Infrastructure Pvt. Ltd.  Facts of the case: The brief facts of the present case are that a complaint dated 18.12.2017 was filed before the Uttar Pradesh State level Screening Committee on Anti-Profiteering by the Applicant No.1 alleging profiteering by the Respondent in respect of purchase of a flat in the Respondent’s […]

NAA directs DGAP to reinvestigate profiteering in the case of Himalaya Real Estate

January 3, 2020 672 Views 0 comment Print

Rahul Gautam Vs Himalaya Real Estate Pvt. Ltd. (NAA) Facts of the Case: The brief facts of the case are that the Applicant No. 1 had filed an application dated 16.10.2018 before the Haryana State Screening Committee on Anti-profiteering, under Rule 128 (2) of the Central Goods and Services Tax Rules, 2017 and submitted that […]

In Absence of Clear-Cut Findings, NAA directed DGAP to Further Investigate

January 3, 2020 1389 Views 0 comment Print

Director General of Anti-Profiteering Vs L’Oreal India Pvt. Ltd (National Anti-Profiteering Authority) Facts of the Case: The brief facts of the case are that it was alleged that the Respondent had not passed on the benefit of reduction in the rate of GST on the Fast Moving Consumer Goods (FMCGs) being supplied by him, when […]

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