This weekly round-up analytically summarizes the key judgments reported at Taxscan.in by the National Anti-Profiteering Authority (NAA) from the 11th to the 17th of June 2022.
In Re: M/s Anutone Acoustics Ltd
The National Anti-Profiteering Authority (NAA), has found M/s Anutone Acoustics Ltd guilty of anti-profiteering since the benefit of additional ITC available after introducing GST on ‘false ceiling material’ was not passed to the purchaser. The Authority has held that the respondent has profiteered by an amount of 12,79,304 during the period of investigation. The amount that has been profiteered by the respondent from the applicant shall be refunded, along with interest at the rate of 18% from the date of such refund, in accordance with the provisions of Rule 133 (3) (b) of the GCST Rules 2017.
In Re: M/s Total Environment Habitat Pvt. Ltd
The National Anti-Profiteering Authority (NAA), has held that M/s Total Environment Habitat Pvt. Ltd has not passed the benefit of additional ITC available after the introduction of GST on ‘construction service’ to the purchaser and was found guilty of anti-profiteering. The Authority has held that “in the post GST period, the respondent has been benefited from additional ITC to the tune of 0.82% of his turnover and the same required to be passed on by him to recipients of supply”.
In Re: M/s Dreamhome Infrastructure Pvt. Ltd.
The National Anti-Profiteering Authority (NAA), has found M/s Dreamhome Infrastructure Pvt. Ltd. guilty of anti-profiteering since the benefit of additional Input Tax Credit (ITC) available after the introduction of GST on ‘supply of construction services’ was not passed to the buyer. The Authority by taking into account the CENVAT and ITC availability pre and post-GST and the details of the amount collected from home buyers during the relevant period have observed that the benefit was not passed on by the respondent to his recipients. The profiteered amount comes to Rs. 4,74,54,151/- which includes 12% GST on the base profiteered amount.
In Re: M/s Prathima Multiplex Pvt. Ltd.
The National Anti-Profiteering Authority (NAA), has finds M/s Prathima Multiplex Pvt. Ltd. guilty of anti-profiteering since the benefit of additional ITC was available after the introduction of GST on movie tickets was not passed to the purchaser. The Authority observed that the respondent profiteered by way of increasing the base prices of the tickets by not reducing the selling price of the tickets commensurately, despite the rate reduction in the GST rate. The base price of the admission tickets was indeed increased, as a result of which the benefit of reduction in GST rate from 28% to 18% and 18% to 12%, was not passed on to the recipients by way of reduction in prices charged. The total amount of profiteering covering the disputed period was 42,60,104.
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