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National Anti-Profiteering Authority

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

December 18, 2019 1005 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 1002 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 945 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 774 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 813 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 768 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 […]

Nestle’ guilty of profiteering as not adopted correct methodology to pass on ITC Benefit

December 10, 2019 2535 Views 0 comment Print

Director General of Anti-Profiteering Vs M/s Nestle India Ltd (National Anti-Profiteering Authority) 1. The present Report dated 08.10.2018 and the supplementary Reports dated 16.01.2019, 01.02.2019, 15.03.2019, 08.05.2019 and 12.06.2019 have been received from the above Applicant (here-in­after referred to as the DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Services […]

Builder denies ITC benefit to buyers post-GST implementation: NAA held guilty of profiteering

December 10, 2019 990 Views 0 comment Print

Sh. Santha Sivaram Vs Virgo Properties Pvt. Ltd. (National Anti-Profiteering Authority) We have carefully considered all the submissions filed by the Applicant No. 1, the Respondent and the other material placed on record and find that the Applicant No. 1, vide his complaint dated 05.04.2018 had alleged that the Respondent was not passing on the […]

NAA has power to set Methodology ∓ procedure for determining anti-profiteering amount

December 10, 2019 1674 Views 0 comment Print

Kerala State Screening Committee Vs IFB Industries Ltd. (National Anti-Profiteering Authority) The Respondent further objected that no methodology and procedure for determining the anti-profiteering amount had been prescribed by Legislature and the provisions of Section 171 of the CGST, Act and Rule 122 to 137, being part of a taxing Statute cannot be enforced in […]

NAA held Builder Guilty of not passing ITC benefit to Flat Buyers

December 9, 2019 573 Views 0 comment Print

Pawan Kumar Vs S3 Buildwell LLP (National Anti-Profiteering Authority) Provisions of Section 171 of the CGST Act, 2017 are aimed at ensuring that the recipients get the commensurate benefit, in the form of reduction in prices, in case of any tax rate reduction and/or incremental benefit of ITC which has become available to them due […]

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