Anti-Profiteering

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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Provisions of Anti-Profiteering Mechanism Under GST Law

Goods and Services Tax - Anti-profiteering measures have been incorporated under GST law to provide benefit of reduction in GST rates to the consumers in terms of reduced prices and not allow more profit margins to the businessmen. The suppliers of goods and services must pass on any reduction in the rate of tax or the benefit of input tax […]...

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FAQs on Anti-Profiteering under GST

Goods and Services Tax - The Sec. 171 of CGST/SGST Act, 2017 and the Rule 122 to Rule 137 of the CGST/SGST Rules, 2017 envisages the relevant legal provisions, including the administrative and procedural aspects of the Anti-profiteering....

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3 Key Issues that should be considered by GST Council

Goods and Services Tax - 1. Anti Profiteering Provisions under GST need better clarity “Profiteering is a pejorative term for the act of making profit by adopting unethical methods.” Section 171 of the CGST Act, requires a registered taxable person to pass on the benefit of every rupee accrued on account of additional input tax credit or reduced tax rate, [&h...

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Back Ground and Functioning of (NAA) National Anti-Profiteering Authority- Consumer Protection

Goods and Services Tax - INTRODUCTION Before get into the detailed functioning of NAA and how it’s protecting consumer’s interest, first let us understand background of it. In terms of Section 171 of the CGST Act, 2017, the suppliers of goods and services should pass on the benefit of any reduction in the rate of tax or the benefit of […]...

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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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Emaar MGF to refund profiteered amount to 1239 homebuyers: NAA

Sh. Rahul Kumar Vs. M/s Emaar MGF Land Ltd. (National Anti-Profiteering Authority) - Rahul Kumar Vs. Emaar MGF Land Ltd. (National Anti-Profiteering Authority) The brief facts of the case are that vide his application dated 07.01.2019 filed before the Standing Committee on Anti-profiteering under Rule 128 (1) of the CGST Rules, 2017, the Applicant No. 1 had alleged profiteering by t...

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Profiteering’ charge upheld against Park Avenue product of Raymond: NAA

Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA) - Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA) The brief facts of the case are that the Standing Committee on Anti-profiteering vide its communication dated 11.03.2019 had requested the DGAP to conduct a detailed investigation as per Rule 129 (1) of the above Rules on the allegation that M/s Raym...

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Profiteering if benefit of reduction in the rate of tax/ additional ITC not passed to buyers

Shri Anil Sharma Vs Printing Machine Solutions (National Anti-Profiteering Authority) - Shri Anil Sharma Vs Printing Machine Solutions (National Anti-Profiteering Authority) This Report dated 25.10.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP), under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017. The brie...

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Azeagaia Development agreed to pass on ITC benefit to Flat Buyers: NAA

Sh. Naresh K. Khetan Vs M/s. Azeagaia Development Pvt. Ltd. (National Anti-Profiteering Authority) - Sh. Naresh K. Khetan Vs M/s. Azeagaia Development Pvt. Ltd. (National Anti-Profiteering Authority) The present Report dated 24.09.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP) after a detailed investigation under Rule 129 (6) of the Central Goo...

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Samsonite India Guilty of Profiteering – Not reduced Suitcase price despite GST Rate reduction

Rahul Sharma Vs Samsonite India (NAA) - Rahul Sharma Vs Samsonite India (NAA) The present Report dated 24.09.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the...

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Recent Posts in "Anti-Profiteering"

Emaar MGF to refund profiteered amount to 1239 homebuyers: NAA

Sh. Rahul Kumar Vs. M/s Emaar MGF Land Ltd. (National Anti-Profiteering Authority)

Rahul Kumar Vs. Emaar MGF Land Ltd. (National Anti-Profiteering Authority) The brief facts of the case are that vide his application dated 07.01.2019 filed before the Standing Committee on Anti-profiteering under Rule 128 (1) of the CGST Rules, 2017, the Applicant No. 1 had alleged profiteering by the Respondent in respect of purchase of ...

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Profiteering’ charge upheld against Park Avenue product of Raymond: NAA

Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA)

Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA) The brief facts of the case are that the Standing Committee on Anti-profiteering vide its communication dated 11.03.2019 had requested the DGAP to conduct a detailed investigation as per Rule 129 (1) of the above Rules on the allegation that M/s Raymond Ltd. had not passed […]...

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Profiteering if benefit of reduction in the rate of tax/ additional ITC not passed to buyers

Shri Anil Sharma Vs Printing Machine Solutions (National Anti-Profiteering Authority)

Shri Anil Sharma Vs Printing Machine Solutions (National Anti-Profiteering Authority) This Report dated 25.10.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP), under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017. The brief facts of the present case are that an ...

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Azeagaia Development agreed to pass on ITC benefit to Flat Buyers: NAA

Sh. Naresh K. Khetan Vs M/s. Azeagaia Development Pvt. Ltd. (National Anti-Profiteering Authority)

Sh. Naresh K. Khetan Vs M/s. Azeagaia Development Pvt. Ltd. (National Anti-Profiteering Authority) The present Report dated 24.09.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP) after a detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017....

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Samsonite India Guilty of Profiteering – Not reduced Suitcase price despite GST Rate reduction

Rahul Sharma Vs Samsonite India (NAA)

Rahul Sharma Vs Samsonite India (NAA) The present Report dated 24.09.2019 has been received from the Applicant No. 2 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the case are that an application dated 30.0...

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Non reduction of price of ‘Fly Ash Blocks despite GST Rate reduction was Profiteering: NAA

Sh. Apoorve Talera Vs Litecon Industries Pvt. Ltd. (NAA)

Sh. Apoorve Talera Vs Litecon Industries Pvt. Ltd. (NAA) It is established that the Respondent has acted in contravention of the provisions of Section 171 of the CGST Act, 2017 and has not passed on the benefit of reduction in the rate of tax to his recipients by commensurate reduction in the prices. Accordingly, the […]...

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

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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NAA found ‘Subway Franchisee’ guilty of Profiteering

Assistant Commissioner of State Tax Vs N. Rai Delights LLP (NAA)

Assistant Commissioner of State Tax Vs N. Rai Delights LLP (NAA) It is clear from the plain reading of Section 171(1) mentioned above that it deals with two situations one relating to the passing on the benefit of reduction in the rate of tax and the second about the passing on the benefit of the […]...

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Benefit of Tax Reduction includes both Base Price and Tax Amount: NAA

State of officer Vs Bonne Sante (NAA)

State of officer Vs Bonne Sante (NAA) The Respondent has further contended that the DGAP, while calculating the profiteered amount, was wrongly added a 5% notional amount without explaining any reasons and hence, the profiteered amount be reduced appropriately. This contention of the Respondent is not correct because the provisions of Sec...

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Every customer entitled to benefit of tax rate reduction by way of reduced prices: NAA

State of Officer Vs Cilantro Diners Pvt. Ltd. (NAA)

State of Officer Vs Cilantro Diners Pvt. Ltd. (NAA) The Respondent has further contended that the DGAP, while calculating the profiteered amount, had not considered the prices of products which had been reduced by him and that the DGAP has considered such impact as zero, ignoring the negative values. In this regard, we observe that [&hell...

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