TMI Blog2019 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... ore discount has been reduced from ₹ 2159/- to ₹ 1927/-. Also, the discount offered has been reduced from ₹ 75.57/- to ₹ 67.45/- i.e. by ₹ 8.12/- and hence post-GST, there is increase in the base price of ₹ 4.50/-. The increase in the base price is on account of the reduction in the discount. It is also revealed that the reduction in discount doesn't amount to profiteering as the same was offered from his profit margin by the Respondent and doesn't not form part of the base price and therefore, the Respondent cannot be held guilty under Section 171 of the Act. Respondent has not contravened the provisions of Section 171 of the CGST Act, 2017 - application dismissed. - Case No. 29/2018 - - - Dated:- 27 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eport dated 28.09.2018 that in the pre-GST era, the product Paint (AP Apex Classic WT 10 LT (HSN Code 3209)) attracted VAT @ 14.50% and the Central Excise Duty @ 12.50% on 70% of the MRP, in terms of Notification No. 49/2008-CE (N.T.), dated 24.12.2008. On implementation of the GST w.e.f. 01.07.2017, the pre-GST rate and the post-GST sale invoice-wise details of the applicable rate of tax and the base price (excluding Central Excise Duty, VAT or GST) of the said product supplied by the Respondent are furnished in the table below:- Table Period Pre-GST Post-GST 1. Product Description A Paint (AP Apex Classic WT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 520.67 13. Total Tax incident (%) M=L/I 28.60% 28% 14. Increase in Base Price Diff in I Rs.4.50/- (0.24%) 4. The DGAP has further stated that the total tax rate has been reduced from 28.60% to 28% post implementation of the GST. The DGAP has also submitted that the Respondent had increased the base price of the above product from ₹ 1855.05/- to ₹ 1859.55/- resulting in an increase of ₹ 4.50/- which was very negligible i.e. 0.24%. He has further submitted that post-GST, the price before discount had been reduced from ₹ 2159/- to ₹ 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has been reduced from ₹ 2159/- to ₹ 1927/-. Also, the discount offered has been reduced from ₹ 75.57/- to ₹ 67.45/- i.e. by ₹ 8.12/- and hence post-GST, there is increase in the base price of ₹ 4.50/-. The increase in the base price is on account of the reduction in the discount. It is also revealed that the reduction in discount doesn't amount to profiteering as the same was offered from his profit margin by the Respondent and doesn't not form part of the base price and therefore, the Respondent cannot be held guilty under Section 171 of the Act. 8. Based on the above facts it is clear that the Respondent has not contravened the provisions of Section 171 of the CGST Act, 2017 and hence ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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