CA NeWs Beta*: GST anti-profiteering authority finds Kerala-based distributor guilty of profiteering Rs 32,926

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Thursday, March 28, 2019

GST anti-profiteering authority finds Kerala-based distributor guilty of profiteering Rs 32,926

GST anti-profiteering authority has found Kerala-based distributor Win Win Appliances guilty of profiteering Rs 32,926 by not passing on GST rate cut benefit to customers.
A complaint was filed with the Kerala State Screening Committee on Anti-Profiteering against Win Win Appliances for not reducing the price of mixer-grinder commensurate with the reduction of the
goods and services tax (GST) from 28 per cent to 12 per cent with effect from November 15, 2017.
The respondent, in its defence, said he was a distributor of the product which was sold under the brand name 'Butterfly'. It said the product was being sold at the price fixed by the manufacturer -- M/s Butterfly, Gandhimathi Appliances Ltd.
During the investigation, the Directorate General of Anti Profiteering found that Win Win Appliances had increased the base price of the product when the GST rate was reduced to 12 per cent and hence indulged in profiteering by not passing on the benefit of the tax rate cut to customers.
The National Anti Profiteering Authority (NAA), in its order, said Win Win Appliances had not passed on the benefit of reduction in GST rate to consumers and has profiteered Rs 32,926.36 between November 15, 2017 and July 31, 2018.
"The respondent (Win Win Appliances) is also directed to deposit the profiteering amount of Rs 32,926.36 along with the interest to be calculated at 18 per cent..." the NAA order said.
It has also sought explanation from it as to why penalty should not be imposed on it for issuance of incorrect invoice.

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