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No Anti-profiteering, if the base price of product remains same even after reduction in GST rates: NAA

Facts: M/s. Mak Plywood Industries Pvt. Ltd. (“the respondent”) was alleged on supply of "BWP Trozan Platinum Ply (“Product”), by not passing on the benefit in rate of tax reduction at time of implementation of GST w.e.f. July 01, 2017. The application was examined by Standing Committee on Anti-Profiteering which was further investigated by Director General of Anti-Profiteering (“DGAP”) on the basis of two invoices of the dealer which was submitted for reference.

Held: The Hon’ble National Anti-Profiteering Authority (“NAA”) vide its Case No. 26 of 2019 dated April 25, 2019 held that the respondent did not increase the per unit base price (excluding GST) of the Product, which was Rs. 1028.07 in the Pre-GST era. Further, it was reduced to Rs. 1021.73 in the Post-GST era w.e.f July 01, 2017 and it also remained at Rs. 1021.73 w.e.f. November 15, 2017. Therefore, it can be concluded that the allegation of profiteering is not sustainable and hence there is no contravention of the anti-profiteering provisions contained in Section 171(1) of the CGST Act, 2017.


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