Case Law Details
Case Name : Director General of Anti-Profiteering Vs M/s. VTWO Ventures (National Anti-Profiteering Authority)
Related Assessment Year :
Courts :
National Anti-Profiteering Authority
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Director General of Anti-Profiteering Vs M/s VTWO Ventures (National Anti-Profiteering Authority)
We have carefully considered the Report of the DGAP contention of the Applicant No. 1 and the submissions made by the Respondent as also the documents placed on record to consider whether there was any reduction in the rate of tax in the relevant period and whether the benefit of reduction in the rate of tax was passed on to the recipients as required under Section 171 of the Please become a Premium member. If you are already a Premium member, login here to access the full content.
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To ADD; The KEY words (concepts) – ‘Deliberate’ and ‘incorrect’ chosen for the headline, are indisputably, too dicey and subjective ; to be judged rightly on the touchstone of logic or legitimacy, so as to accord / be in perfect line with the fundamental principles of ‘JurisPRUDENCE’ – uniformly / with no aberration in all such matters of self-centric dispute – TRUE or false ?!
(FONT to underscore the spirit behind, not the letter/word)
With sharp focus on ‘çnsumerism’ (:
On the first blush, requiring to be a made a spl. note of are,-
1) the stance taken and the explanations given by the OP, as recorded in para.4; and
2) the observations of the APA as recorded in paras 15 and 16.
Finally, the matter has been directed vide para 17 to be investigated and caling for a finding whether or not the OP has made an excessive profit , by not reducing the price consequent upon the reduction in the GST Rate from.. % to ..%.
Without going into the intricacies of the peculiar nature of the product in question, which attracts the GST levy on a transaction-wise / one time basis, a point of grave doubt that instantly arises in one’s mind is THIS:
With the rate of levy having been officially and admittedly reduced, should that not have been strictly applied and price been reduced and charged as a matter of no dispute.
In other words,is ithat all of any relevance, or is there any ratiionale in requiring to go into the questiion whether or not, by not charging the reduced price the OP has made an excessive profit.
On the premise that the forgoing line of thinking cannot rightly be regarded to be founded on faulty logic, (open to correction, if wrong and no merits) – this is an instance for the knowldgeable GST law Experts , with sufficient exposure and incisive experience, to take a serious call; and worth while for sparing and sharing independently, an impartial view in the matter, with only focus on the larger consumers’ interests.
courtesy