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National Anti-Profiteering Authority

Anti-profiteering provisions not attracted if no GST tax rate reduction

December 17, 2018 960 Views 0 comment Print

State Level Screening Committee on Anti-Profiteering Vs Zeba Distributors (National Anti-Profiteering Authority) As there was no reduction in the rate of tax on the Eastern Meat Masala, hence the anti-profiteering provisions contained in Section 171(1) of the Central Goods and Services Tax Act, 2017 are not attracted. There is also no increase in the per unit […]

No profiteering if no decrease in Tax Rate & no increase in profit Margin

December 17, 2018 678 Views 0 comment Print

Shri Shylesh Damodaran Vs Landmark Automobiles Pvt. Ltd. (National Anti-Profiteering Authority) It is clear from the plain reading of Section 171 (1) 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 […]

Non reduction of Chocolate price after GST Rate reduction is Profiteering: NAA

December 7, 2018 5259 Views 0 comment Print

Respondent had not reduced the prices of 2 products viz. the Nestle Munch Nuts 32 Gm. Chocolate and the Cadbury Dairy Milk Chocolate (here-in-after referred to as the products) and had thus not passed on the benefit of such rate reduction

Johnson Product dealer guilty of profiteering for not reducing price despite Tax Reduction: NAA

December 6, 2018 1956 Views 0 comment Print

Director General of Anti-Profiteering Vs J. P. and Sons (National Anti-Profiteering Authority) The brief facts of the present case are that the Standing Committee vide the minutes of it’s meeting dated 13.04.2018 had requested the DGAP to initiate investigation under Rule 129 (1) of the CGST Rules, 2017 on the allegation that the Respondent had […]

Anti profiteering established as ITC of erstwhile CVD not passed

November 28, 2018 1044 Views 0 comment Print

Respondent is directed to reduce the sale price of the above items immediately commensurate to the reduction in the price due to ITC of erstwhile chargeable CVD which is now available in the form of IGST and pass on this benefit to his customers.

Increase in base price by McDonald to deny benefit of Tax reduction is profiteering: NAA

November 21, 2018 1917 Views 0 comment Print

Shri Ravi Charaya Vs M/s Hardcastle Restaurants Pvt. Ltd (National Anti-Profiteering Authority) National Anti-Profiteering Authority (NAA) issue orders against M/s Hardcastle restaurants P Ltd ( Mcdonald) for charging more than than he could have by issuing incorrect invoce post reduction of GST from 18% to 5%. Amount of profiteering determined at Rs.7.49 crore. Company directed […]

No profiteering if reduction in base price is more than additional eligible ITC

November 16, 2018 1050 Views 0 comment Print

Smt. Mandalika Sakunthala Vs M/s Fabindia Overseas Pvt. Ltd. (National Anti-Profiteering Authority) The company reduced his base prices and the profit margins to maintain the same MRP inspite of the increase in the tax rate. In another product, reduction in the base prices found to be more than the additional ITC eligible thereon. Respondent has […]

No action can be taken if no specific evidence of profiteering: NAA

October 29, 2018 783 Views 0 comment Print

Sh. Raman Khaira Vs M/s. Yum Restaurants India Pvt. Ltd. (National Anti-Profiteering Authority) We have carefully considered the Report filed by the Applicant No. 2 as well as the submissions made by the Respondent No. 1 and it is obvious from the narration of the facts stated above that the investigation conducted in the matter […]

No action against Amway in absence of specific evidence of profiteering: NAA

October 29, 2018 1692 Views 0 comment Print

Respondent could not establish profiteering for want of cogent and reliable evidence and hence no violation of the provisions of Section 171 of the CGST Act 2017 has been found in this case.

Maggi Noodles dealer Guilty of profiteering for not passing reduced GST rate benefit: NAA

October 8, 2018 2412 Views 0 comment Print

Shri Ankur Jain Vs M/s. Kunj Lub Marketing Pvt. Ltd. (National Anti-Profiteering Authority) Conclusion: Denial benefit of the reduction in GST rate to the consumers was in contravention of the provisions of Section 171 (1) of the CGST Act, 2017; therefore, respondent-company was directed to reduce the price of the product commensurate to the reduction […]

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