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National Anti-Profiteering Authority

Builder Guilty of not passing benefit of ITC to Flat Buyers

December 26, 2019 5415 Views 0 comment Print

Shri Dharmendra Gaud Vs JMK Holdings Pvt. Ltd. (National Anti-Profiteering Authority) We have carefully considered all the Reports filed by the DGAP, submissions of the Respondent and other material placed on record and it is revealed that the Respondent is executing his ”Grand IV A” project under the Affordable Housing Scheme approved by the Government […]

Builder denyied ITC benefit to buyers post-GST implementation: NAA

December 24, 2019 906 Views 0 comment Print

Sushil Kumar Jain Vs Sarvpriya Securities Pvt. Ltd. (National Anti-Profiteering Authority) Based on the above facts it is clear that the ITC as a percentage of the turnover that was available to the Respondent during the pre-­GST period from April, 2016 to June, 2017 was 4.75% and during the post-GST period from July, 2017 to […]

NAA held ‘Caroa Properties’ Guilty of Profiteering

December 24, 2019 1062 Views 0 comment Print

Potnoor Naveen Vs Caroa Properties LLP (National Anti-Profiteering Authority) It is also evident from the perusal of the facts of the present case that the Respondent has denied benefit of ITC to the buyers of the flats and the shops being constructed by him in his Project ‘Godrej City Panvel Phase-I’ in contravention of the […]

NAA held Johnson & Johnson guilty of Profiteering of Rs. 230 Cr.

December 23, 2019 861 Views 0 comment Print

Director General of Anti-Profiteering Vs Johnson & Johnson Private Limited (National Anti-Profiteering Authority) Profiteered amount is determined as Rs. 2,30,40,74,132/- as per the provisions of Rule 133 (1) of the above Rules as has been computed vide Annexure-13 of the Report dated 24.06.2019. Accordingly, the Respondent is directed to reduce his prices commensurately in terms […]

Profiteering needs to be computed at the level of each invoice: NAA

December 18, 2019 936 Views 0 comment Print

We observe that the said provision clearly links profiteering to be a function of each supply of goods or services or both and hence, profiteering needs to be computed at the level of each invoice and not at the entity level or any consolidated level.

NAA held ‘Adani M2k Project’ guilty of Profiteering

December 18, 2019 960 Views 0 comment Print

National Anti-Profiteering Authority finds Adani M2k Project LLP guilty of not passing on GST benefits. Rs. 1,25,33,555/- profiteered. Legal order details.

Granting of discounts not amounts to passing of benefit of tax reduction

December 17, 2019 921 Views 0 comment Print

Director General of Anti-Profiteering Vs Krishna Trading Company (National Anti-Profiteering Authority) The Respondent has admitted in his submissions that he was aware of the above tax reductions and hence he should have immediately reduced his sale prices commensurate with the rate reductions. He also cannot claim that he has not reduced the prices of the […]

NAA finds Signature Builders Guilty of not passing ITC Benefit to Customers

December 13, 2019 756 Views 0 comment Print

Shri. Abhishek Vs Signature Builders Pvt. Ltd. (National Anti-Profiteering Authority) Central Government, on the recommendation of the GST Council, had levied 18%  GST with effective  rate  of  12%  in  view  of 1/3rd abatement on value on the – construction service, vide Notification No. 11/2017-Central Tax (Rate) dated  28.06.2017  which  was reduced in  the case of […]

Discount after increasing price cannot be considered as passing on of benefit of additional ITC: NAA

December 13, 2019 774 Views 0 comment Print

Shri. Pradeep Kumar Vs Fusion Buildtech Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent’s further contention that he had already offered more than 10% discount in basic prices to all the customers who have booked flats Post GST and the discount had been given mainly on account of availability of ITC, thus the allegation that he […]

NAA finds Signature Builders guilty of not passing benefit of ITC

December 13, 2019 729 Views 0 comment Print

Shruti Garg Vs Signature Builders Pvt. Ltd. (National Anti-Profiteering Authority) The Respondent has also contended that the DGAP has calculated the profiteered amount as Rs. 1,40,41,916/- whereas he has passed on an amount of Rs. 1,29,29,849/- to the 998 home and 91 commercial shop buyers as benefit of ITC. He has also submitted letters addressed […]

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