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Anti-profiteering provisions shall not apply if base price of product remain same even after reduction in GST rate

March 14, 2019[2019] 103 taxmann.com 183 (NAA)
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GST : No profiteering if there had been no change in base price of product after reduction in GST rate with effect from 15-11-2017

Facts

• Applicant No. 1 alleged profiteering by respondent on supply of 'Ceramics Glazed Wal Tiles, Printex Crema, PRM 300×600 MM HSN Code 69072300', (product) by not passing on benefit of reduction in rate of tax with effect from 15-11-2017, granted vide Notification No. 41/2017-Central Tax (Rate) dated 14-11-2017 by the Central as well as the State Governments.

Held

• It is apparent from perusal of facts that there has been reduction in rate of tax on above stated product from 28 per cent to 18 per cent with effect from 15-11-2017 as per the Notification No. 41/2017-Central Tax (Rate) dated 14-11-2017. It is also revealed from record that respondent had not increased discounted price of above product which had remained Rs. 374.74 before and after tax reduction, as was evident from both invoices issued by him before and after tax reduction and therefore, benefit of tax reduction had duly been passed on to customers by the respondent. Hence, the allegation of profiteering was not established against respondent in terms of section 171 of the CGST Act, 2017 as there had been no change in base price of product after reduction in GST rate with effect from 15-11-2017. Hence, application filed by applicants was to be dismissed.

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