Respondent has deliberately and consciously acted in contravention of the provisions of the CGST Act, 2017 by issuing incorrect invoices which is an offence under Section 122 (1) (i) of the above Act and hence he is liable for imposition of penalty under the above Section read with Rule 133 (3) (d) of the CGST Rules, 2017.
Shanti Prime Publication Pvt. Ltd.
Anti-Profiteering — Section 171 of the CGST Act, 2017— This report has been received from the DGAP. An application forwarded to the DGAP for investigation that respondent had not passed on the benefit of reduction in the rate of tax from 28% to 18% w.e.f. 15.11.2017, instead he had increased the base price to keep the MRP of his product to maintain the same price which he was charging before the rate of tax was reduced on 15.11.2917 and thus, the Respondent had indulged in profiteering in contravention of the provisions of Section 171 of the CGST Act, 2017. The DGAP submitted that 388 products supplied by the Respondent during the period were impacted by the reduction in the rate of GST from 28% to 18% w.e.f. 15.11.2017. Out of the above 388 products 81 products were not sold during the period. Out of the remaining 307 products, it was observed that the base prices of 259 products were increased and the base prices of 48 products were reduced post 15.11.2017. The total amount of profiteering by the Respondent during the period w.e.f. 15.11.2017 to 31 03.2018, arrived at Rs.3,43, 109/-.The Respondent stated that the demand raised on him was incorrect as he was only a distributor of the products. He has further added that the MRP was fixed by the manufacturer. The Manufacturer submitted that the pricing of the products sold by the distributors was not controlled by them. Further, according to the agreement, the distributor was entitled to give discounts and sell the goods at a price lower than the recommended price to his customers.
Held that:- The Hon’ble Anti-Profiteering Authority held that the Respondent had issued incorrect invoices while selling the products to his customers as he had not correctly shown the basic prices. The Respondent has deliberately and consciously acted in contravention of the provisions of the Act, 2017 by issuing incorrect invoices which is an offence under Section 122 (1) (i) of the above Act, and hence liable for imposition of penalty. Although notice for imposition of penalty has already been issued to the Respondent but he has not been heard on the quantum of penalty. Accordingly, a fresh notice may be given to him to explain why penalty should not be imposed on him.Director General Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. Raj & Company [2018] 7 TAXLOK.COM 059 (NAPA)
Respondent has deliberately and consciously acted in contravention of the provisions of the CGST Act, 2017 by issuing incorrect invoices which is an offence under Section 122 (1) (i) of the above Act and hence he is liable for imposition of penalty under the above Section read with Rule 133 (3) (d) of the CGST Rules, 2017.
Shanti Prime Publication Pvt. Ltd.
Anti-Profiteering — Section 171 of the CGST Act, 2017— This report has been received from the DGAP. An application forwarded to the DGAP for investigation that respondent had not passed on the benefit of reduction in the rate of tax from 28% to 18% w.e.f. 15.11.2017, instead he had increased the base price to keep the MRP of his product to maintain the same price which he was charging before the rate of tax was reduced on 15.11.2917 and thus, the Respondent had indulged in profiteering in contravention of the provisions of Section 171 of the CGST Act, 2017. The DGAP submitted that 388 products supplied by the Respondent during the period were impacted by the reduction in the rate of GST from 28% to 18% w.e.f. 15.11.2017. Out of the above 388 products 81 products were not sold during the period. Out of the remaining 307 products, it was observed that the base prices of 259 products were increased and the base prices of 48 products were reduced post 15.11.2017. The total amount of profiteering by the Respondent during the period w.e.f. 15.11.2017 to 31 03.2018, arrived at Rs.3,43, 109/-.The Respondent stated that the demand raised on him was incorrect as he was only a distributor of the products. He has further added that the MRP was fixed by the manufacturer. The Manufacturer submitted that the pricing of the products sold by the distributors was not controlled by them. Further, according to the agreement, the distributor was entitled to give discounts and sell the goods at a price lower than the recommended price to his customers.
Held that:- The Hon’ble Anti-Profiteering Authority held that the Respondent had issued incorrect invoices while selling the products to his customers as he had not correctly shown the basic prices. The Respondent has deliberately and consciously acted in contravention of the provisions of the Act, 2017 by issuing incorrect invoices which is an offence under Section 122 (1) (i) of the above Act, and hence liable for imposition of penalty. Although notice for imposition of penalty has already been issued to the Respondent but he has not been heard on the quantum of penalty. Accordingly, a fresh notice may be given to him to explain why penalty should not be imposed on him.Director General Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. Raj & Company [2018] 7 TAXLOK.COM 059 (NAPA)
- Jun 30, 2025
Due Date - GST - Jun 30, 2025
Due Date - IT - Jun 29, 2025
Due Date - IT - Jun 25, 2025
Due Date - GST - Jun 20, 2025
Due Date - GST - Jun 19, 2025
Handling of Inadvertently Rejected records on IMS - Jun 18, 2025
Advisory to file pending returns before expiry of three years - Jun 16, 2025
Introduction of Enhanced Inter-operable Services Between E-Way Bill Portals - Jun 15, 2025
Due Date - IT - Jun 14, 2025
Due Date - IT - Jun 13, 2025
Due Date - GST - Jun 12, 2025
Filing of SPL-01/ SPL-02 where payment made through GSTR 3B and other cases - Jun 11, 2025
Advisory on filing of Amnesty applications under Section 128A of the CGST Act - Jun 11, 2025
Due Date - GST - Jun 10, 2025
System Validation for Filing of Refund Applications on GST Portal for QRMP Taxpayers - Jun 10, 2025
Due Date - GST - Jun 09, 2025
Order u/s 119(2)(a) of the Income-tax Act,1961 regarding processing of returns filed u/s 139 of the Income-tax Act, 1961 beyond the prescribed time limit - Jun 07, 2025
Barring of GST Return on expiry of three years - Jun 07, 2025
Advisory regarding non-editable of auto-populated liability in GSTR-3B - Jun 07, 2025
Due Date - IT - May 31, 2025
Due Date - IT - May 30, 2025
Due Date - IT - May 27, 2025
Extension of due date for furnishing return of income for the Assessment Year 2025-26 - May 27, 2025
CBDT extends date of filing of Income Tax Returns (ITRs) due for filing by 31st July 2025 to 15th September 2025 - May 25, 2025
Due Date - GST
- Jul 03, 2025
Precautions to Be Taken at the Time of Closure of Business - Jul 03, 2025
Provisions Related to Casual Taxable Person and Non Resident Person - Jul 03, 2025
What Disclosures and Precautions to Be Made While Filing Your ITR - Jul 02, 2025
Simplified Overview of Section 74A – New Framework for Tax Demand under GST from FY 2024-25 - Jun 17, 2025
Donation to Political Parties-Department View - Jun 17, 2025
New Income tax Return Form-Changes Made for this Assessment Year - Jun 04, 2025
TCS on Remittences Outside India With Recent Changes - Jun 04, 2025
TDS Provisions on Partners of The Firm-A New Provision - May 22, 2025
Condonation In Filing Appeal- Remedy In Case of Delay - May 22, 2025
Interest on Delayed Refund Under GST- Recent Court Rulings and Practical Implications - May 16, 2025
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Recent Changes In TDS Provisions- Latest Update - May 02, 2025
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Presumptive Assessment Under Income Tax Act- An Analysis - Apr 24, 2025
Claiming ITC Under Wrong Head- Remedies Available - Apr 24, 2025
Major TDS Amendments Effective from 1st April 2025: A Comprehensive Overview - Apr 14, 2025
Block Credit Under GST With Important Case Laws - Apr 14, 2025
Different Income Tax Forms For Filing Income Tax Return - Apr 07, 2025
TAX PLANNING BY SALARIED ASSESSES - Apr 01, 2025
Penalty on Underreporting and misreporting of income - Mar 22, 2025
Disallowance of Outstanding Payment to MSME - Clear Before 31st March - Mar 19, 2025
GST on Second Hand Goods - Special Emphasis on Used Cars - Mar 19, 2025
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