Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 16-2-2019 – The complaint against profiteering came up recently before the National Anti-profiteering Authority (NAA) in a case involving supply of tiles. In Kerala State Screening Committee on Anti-profiteering & DGAP, CBIC New Delhi v. Asian Grantio India Ltd., Ahmedabad (2018) 12 TMI 1401; the NAA vide its Order dated 24.12.2018 ordered that where the business entity has duly passed on the benefit of reduction in the tax rate by keeping the base price constant thus reducing the selling price of the products in question, the anti-profiteering provisions contained in Section 171 (1) of the CGST Tax Act, 2017 are not attracted. In the instant case, it was alleged that wh
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743.95 – 1110/1716/G01063 dated 28.11.2017 28% 650.93 1110/1716/G02733 dated 28.11.2017 18% 650.92 -0.01 The DGAP observed that the business entity had not increased the per unit base price (excluding GST) of both the products after GST rate reduction w.e.f. 15. 11.2017, which were ₹ 743.95 and ₹ 650.93 in both the periods. Thus, though the GST rate was reduced from 28% to 18% w.e.f. 15.11.2017, the absence of any upward change in the per unit base price (excluding GST) confirmed that the allegation of profiteering by the was not sustainable. The NAA took up the matter to examine whether there was any reduction in the GST rate and whether the benefit of reduction in the rate of tax was passed on or not to the recipient as provi
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