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2019 (3) TMI 1566 - NAPA - GSTProfiteering - supply of Peps Spring Koil Bornell Normal Maroon 75x60x6” Mattress - benefit of reduction of GST rate not passed on - N/N. 41/2017-Central Tax (Rate) dated 14.11.2017 - contravention of the provisions of Section 171 of CGST Act, 2017 - Held that:- It is apparent from the perusal of the facts of the case that admittedly there was a decrease in the rate of tax on the said product from 28% to 18% w.e.f. 15.11.2017 but it is also established that the base price (excluding GST) of the product was also reduced from ₹ 7986/- to ₹ 7,034/- after offering a discount of ₹ 1,006/- which is more than the commensurate rate reduction. As the Net Base Price (excluding tax) of the above product has been reduced by the Respondent, the allegation of profiteering is not sustainable. The Respondent has not contravened the provisions of Section 171 of the CGST Act, 2017 - there is no merit in the application forwarded by the Applicant No. 1 and the impugned application is accordingly dismissed.
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