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the Respondent did not reduce the selling price of the “American Tourister Sky Tracer HL Blue 68 cm Hard Trolley” when the GST rate was reduced from 28 % to 18% w.e.f. 15.11.2017 and he had kept the MRP of the above product unchanged and thus, the benefit of reduction in the GST rate was not passed

Anti-Profiteering — The brief facts of the case are that the Applicant is alleging profiteering by the Respondent in respect of “American Tourister Sky Tracer HL Blue 68 cm Hard Trolley” which was being supplied by the Respondent. The Applicant had alleged that the Respondent did not reduce the selling price of the above product when the GST rate was reduced from 28 % to 18% w.e.f. 15.11.2017, vide Notification No. 41/2017-Central Tax (Rate) dated 14.11.2017 and he had kept the MRP of the above product unchanged at Rs. 9100/- and thus, the benefit of reduction in the GST rate was not passed on to the recipients by way of commensurate reduction in its price. Held that— it is established that the Respondent has acted in contravention of the provisions of Section 171 of the CGST Act, 2017 and has not passed on the benefit of reduction in the rate of tax to his recipients by commensurate reduction in the prices. Accordingly, the amount of profiteering is determined as Rs. 25,73,82,482/- as per the provisions of Rule 133 (1) of the CGST Rules, 2017. The Respondent is therefore directed to reduce the prices of his products as per the provisions of Rule 133 (3) (a) of the CGST Rules, 2017, keeping in view the reduction in the rate of tax so that the benefit is passed on to the recipients. the Respondent has denied the benefit of rate reduction of the GST to the consumers in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus resorted to profiteering. — Sh. Rahul Sharma, Local Circles India Pvt. Ltd., Director General of Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. Samsonite India [2020] 23 TAXLOK.COM 016 (NAPA)