Anti-Profiteering

Patanjali GST Profiteering Case for Supply of Detergent Powder

Goods and Services Tax - It is a proven fact that anti-profiteering provisions actually work and section 171 of the CGST Act, 2017 provides protection to the customers against illegal, inappropriate and excessive profiteering resorted by suppliers of goods and services. It becomes quite clear when rates are not reduced at all or commensurate with reduction in GST...

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GST Profiteering established in Duracell Battery supply case: NAA

Goods and Services Tax - D.S. Brothers Vs Durga Marketing Pvt. Ltd. (NAA) GST Profiteering of Rs. 1,57,200 established in the case of supply of Duracell Battery AA/6 by respondent. NAA asked to deposit the same in consumer welfare fund along with interest @ 18%. Facts of Case The brief facts of the case are that an application was filed […]...

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Anti-Profiteering under GST: Analysis of Recent Decisions and comparison with other jurisdictions

Goods and Services Tax - Introduction With the introduction of the Goods and Services Tax (GST), the entire landscape of indirect taxation in India has undergone an upheaval. The GST has been hailed as a revolutionary enactment which would remove the cascading effect of taxes, i.e. no longer would tax on tax be have to be paid. To do this […]...

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Anti-Profiteering Methods in Goods and Services Tax

Goods and Services Tax - Initially, the body was introduced for two years but the same has been extended for two more years. Till date, the body has passed 137 orders most of which have found the suppliers guilty of profiteering. There is no appeal provision in the Act but various parties in cases of larger amounts have been preferred Writ Applications in High Co...

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Every Customer entitled to tax rate reduction benefit by way of Reduced Prices

Goods and Services Tax - Every Recipient/Customer is Entitled to the Benefit of tax Rate Reduction by way of Reduced Prices: National Anti-Profiteering Authority [Ref: State Tax Officer Versus Cilantro Diners Private Limited (Case No. 18 Of 2020)] (A) BRIEF FACTS Application was filed under Rule 128 of the Central Goods and Services Rules, 2017 [“CGST Rules”]...

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Empanelment & Guidelines for empanelment of Advocates to defend NAA

Goods and Services Tax - Empanelment of Advocates / Law Firms for representing the National Anti-profiteering Authority and Director General of Anti-Profiteering before various Courts and Tribunals....

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NAA passes 60 orders against complaints of profiteering

Goods and Services Tax - Anti-Profiteering Measures The National Anti-Profiteering Authority (NAA) was constituted on 28th November, 2017 under Section 171 of the CGST Act, 2017 to ensure that the reduction in rate of tax or the benefit of input tax credit is passed on to the recipient by way of commensurate reduction in prices. Important steps taken by the NAA ...

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HC orders to Deposit Profiteered Amount & Stays Interest & Penalty Imposed by NAA

Gaurav Sharma Food Industries Vs Union of India & Ors (Delhi High Court) - High Court directed the petitioner to deposit principal profiteered amount but stayed interest and penalty imposed by National Anti-Profiteering Authority (NAA)....

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Section 122 penalty cannot be imposed for violation of anti-profiteering provisions

Sh. Saurabh Gahoi Vs. Pinky Sales (NAA) - Sh. Saurabh Gahoi Vs. Pinky Sales (NAA) it has been revealed that the Respondent had not passed on the benefit of rate reduction when the rate of GST was reduced from 18% to 5% on foot wear, as per the provisions of Section 171 (1) of the CGST Act, 2017 for the period w.e.f. 27.07.2018 […]...

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‘Shapoorji Palonji’ denied ITC benefit to Flat Buyers : NAA

Venugopal Gella Vs Shapoorji Palonji (NAA) - Venugopal Gella Vs Shapoorji Palonji (NAA) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the tune of 1.99% of the total turnover in respect of the project PARKWEST-EMERALD during the period from July, 2017 to April, 2019 which he w...

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Anti Profiteering Law Violation penalty effective from 01.01.2020

Peeyush Awasthi Vs Sun Infra Services Pvt. Ltd. (NAA) - Peeyush Awasthi Vs Sun Infra Services Pvt. Ltd. (NAA) Since no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 30.06.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) also cannot be imposed on the Respo...

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Not passed ITC Benefit before 01.01.2020 but no section 171(3A) Penalty

Pawan Kumar Vs S3 Buildwell LLP (NAA) - Pawan Kumar Vs S3 Buildwell LLP (NAA) 1. The brief facts of the present case are that the Applicant No. 72 (here-in-after referred to as the DGAP) vide his Report dated 04.06.2019, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitte...

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Recent Posts in "Anti-Profiteering"

Patanjali GST Profiteering Case for Supply of Detergent Powder

It is a proven fact that anti-profiteering provisions actually work and section 171 of the CGST Act, 2017 provides protection to the customers against illegal, inappropriate and excessive profiteering resorted by suppliers of goods and services. It becomes quite clear when rates are not reduced at all or commensurate with reduction in GST...

Read More

HC orders to Deposit Profiteered Amount & Stays Interest & Penalty Imposed by NAA

Gaurav Sharma Food Industries Vs Union of India & Ors (Delhi High Court)

High Court directed the petitioner to deposit principal profiteered amount but stayed interest and penalty imposed by National Anti-Profiteering Authority (NAA)....

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Section 122 penalty cannot be imposed for violation of anti-profiteering provisions

Sh. Saurabh Gahoi Vs. Pinky Sales (NAA)

Sh. Saurabh Gahoi Vs. Pinky Sales (NAA) it has been revealed that the Respondent had not passed on the benefit of rate reduction when the rate of GST was reduced from 18% to 5% on foot wear, as per the provisions of Section 171 (1) of the CGST Act, 2017 for the period w.e.f. 27.07.2018 […]...

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‘Shapoorji Palonji’ denied ITC benefit to Flat Buyers : NAA

Venugopal Gella Vs Shapoorji Palonji (NAA)

Venugopal Gella Vs Shapoorji Palonji (NAA) It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the tune of 1.99% of the total turnover in respect of the project PARKWEST-EMERALD during the period from July, 2017 to April, 2019 which he was required to pass […]...

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Anti Profiteering Law Violation penalty effective from 01.01.2020

Peeyush Awasthi Vs Sun Infra Services Pvt. Ltd. (NAA)

Peeyush Awasthi Vs Sun Infra Services Pvt. Ltd. (NAA) Since no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 30.06.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) also cannot be imposed on the Respondent retrospectively. Accordingly, the ...

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Not passed ITC Benefit before 01.01.2020 but no section 171(3A) Penalty

Pawan Kumar Vs S3 Buildwell LLP (NAA)

Pawan Kumar Vs S3 Buildwell LLP (NAA) 1. The brief facts of the present case are that the Applicant No. 72 (here-in-after referred to as the DGAP) vide his Report dated 04.06.2019, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had […]...

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No Section 171(3A) penalty for violations between 01.07.2017 to 30.09.2018

Sandeep Kumar Vs Nani Resorts and Floriculture Pvt. Ltd. (NAA)

Sandeep Kumar Vs Nani Resorts and Floriculture Pvt. Ltd. (NAA) Penalty should not be imposed for violation of the provisions of Section 171(1) during the period from 01.07.2017 to 30.09.2018 as the provisions of Section 171(3A) have come into force from 01.01.2020 and they cannot have retrospective operation. FULL TEXT OF ORDER OF NATIONA...

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No Penalty for violation of Section 171(1) of CGST Act before 01.01.2020

Vasantbhai Bhikabhai Patel Vs Shree Infra (NAA)

Vasantbhai Bhikabhai Patel Vs Shree Infra (NAA) Central Government vide Notification No. 01/2020- Central Tax dated 01.01.2020 has implemented the provisions of the Finance (No. 2) Act, 2019 from 01.01.2020 vide which sub-section 171 (3A) was added in Section 171 of the CGST Act, 2017 and penalty was proposed to be imposed in the case [&h...

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No Anti-Profiteering if NO ITC availed by Respondent in post-GST period

Anonymous Vs Aryan Hometec Pvt. Ltd. (NAA)

Anonymous Vs Aryan Hometec Pvt. Ltd. (NAA) It is revealed 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 ITC. On the issue […]...

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No penalty for violation of section 171 Provisions before 01.01.2020

Shri M. Srinivas Vs Director General of Anti-Profiteering (NAA)

Shri M. Srinivas Vs Director General of Anti-Profiteering (NAA) Respondent has contravened the provisions of Section 171 (1) of the CGST Act, 2017. However, since, the penalty prescribed under Section 171 (3A) of the CGST Act, 2017 for violation of the above provisions has come in to force w.e.f. 01.01.2020 and the infringement pertains t...

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