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No case of profiteering where there was no reduction in GST rate of ‘power bank’ after 01.01.2019

February 14, 2020[2020] 114 305 (NAA)

GST : Where applicant No. 1 alleged in his application that respondent had maintained same selling price for its Power Bank despite reduction in GST rate from 28 per cent to 18 per cent effected vide Notification No. 24/2018-Central Tax (Rate), dated 31-12-2018, which came into force on 1-1-2019 and, thus, respondent had not passed on benefit of reduction in GST rate to his recipients by way of commensurate reduction in price of Power Bank as envisaged under section 171, in view of fact that said Power Bank was being classified under HSN 8507 60 00 and supplies of Power Bank, described as 'Lithium-ion Batteries', were being effected in line with entry at Sl. No. 376AA, of Notification No. 18/2018-Central Tax Rate, dated 26-7-2018, whereby GST was being levied at rate of 18 per cent,it could be concluded that no case of profiteering was made out as alleged by applicant No. 1 and, thus, application alleging violation of provisions of section 171 was to be dismissed

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