Case Law Details
Sh. Samit Chakraborty Vs Cloudtail India Pvt. Ltd. (NAA)
The Authority finds that the DGAP has correctly calculated the profiteered amount as Rs. 9,84,354/- (Rs. 5,37,208/- on closing stock & Rs. 4,47,146/- on fresh stock) as mentioned in Table-A above, which was to be passed on to the buyers of the impugned item by way of commensurate reduction in the prices in terms of Section 171 (1) of the CGST Act, 2017 during the above period, by the Respondent. Further, it is also observed that the Respondent vide his letter dated 27.04.2022, has submitted that he is ready to pay the profiteered amount as calculated by the DGAP in his above said Report dated 31.12.2020.
As per the above discussion and findings, this Authority as per the provisions of Section 171 of the CGST Act, 2017, determines the profiteered amount as Rs. 9,84,354/- for period from 27.07.2018 to 30.03.2019 by the Respondent. The Authority finds that such amount needs to be passed on by the Respondent alongwith interest © 18% as prescribed to the recipients of supply/customers other than the Applicant No. 1 as the profiteering in respect of the Applicant No. 1 has been found to be Nil as per the DGAP Report dated 24.09.2019. As the recipients other than the Applicant No. 1, of such supply are not identifiable, the Authority directs that, the Respondent shall deposit the said amount with interest in the Consumer Welfare Funds (CWP) of the Central and State Governments as prescribed under Rule 133 (3)(c) of the CGST Rules 2017, within three months of the date of this order, failing which such amount will be recovered under the provisions of CGST Act 2017.
The Respondent shall deposit an amount of Rs. 4,92,177/- alongwith Interest @ 18% as prescribed under Rule 133 (3)(b) of CGST Rules 2017 in the CWF of the Central Government and the amount tabulated below alongwith interest @18% prescribed in the CWF of the State/UTs.
FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING AUTHORITY
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