TMI Blog2018 (12) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... and that the rate of tax on the said product has increased from 14.5% (2% CST + 12.5% Excise) to 28% and therefore the allegation of profiteering is not sustainable in terms of Section 171 of the CGST Act, 2017. Application dismissed. - Case No. 22/2018 - - - Dated:- 24-12-2018 - SH. B. N. SHARMA, CHAIRMAN, SH. J. C. CHAUHAN, TECHNICAL MEMBER, MS. R. BHAGYADEVI, TECHNICAL MEMBER, SH. AMAND SHAH, TECHNICAL MEMBER Ms. A. Shainamol, Additional Commissioner, SGST, Kerala for the Applicant No. 1. Sh. Anwar Ali T. P. Additional Commissioner for the Applicant No. 2. ORDER 1. The present report dated 27.09.2018, has been received from the Applicant No. 2 i.e. The Directorate General of Anti-Profiteering (DGAP) after detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the invoices issued by Respondent are as per the table given below:- S.No. Description of the product supplied Pre GST rate Post GST rate Difference (in Rs.) Invoice No. Date CST Rate Central Excise Duty Rate Price excluding Taxes (in Rs.) Invoice No. Date GST rate Price excluding GST (in Rs.) 1. Peps Spring Koil Bornell Normal Maroon 75X60X6 Mattress (HSN 94042910) 2901 dated 30.06.2017 2% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the Applicant No. 1. During the hearing she agreed with the report submitted by the DGAP. 6. We have carefully examined the report of the DGAP and the documents placed on record and find that the only issue that need to be dwelled upon in as to whether there is a case of reduction in the rate of tax and whether the provision of section 171 of CGST Act, 2017 are attracted in the case. 7. Perusal of Section 171 of the CGST Act shows that it provides as under:- (1). Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. 8. It is clear from the perusal of the facts of the case that there was n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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