Company Guilty for Profiteering for not reducing base price when GST was reduced: NAA

THE NATIONAL ANTI- PROFITEERING AUTHORITY

The Relevant Text of the Order as follows :

22. The Respondent has made a payment of Rs. 95, 585/- through demand draft No. 145728 dated 21.01.2020 into the account of Consumer Affairs Department, Rajasthan and Rs. 95, 585/- through demand draft No. 145729 dated 21.01.2020 into the Central Consumer Welfare Fund which has been taken on record. Since the Respondent has paid the entire profiteered amount of Rs. 1,57,200/- along with interest @18% of Rs. 39,969/-, thus, he apparently not liable for imposition of penalty under the provisions of Section 171(3A) od the CGST Act, 2017.

23. As per the provisions of Rule 133(1) of the CGST Rules, 2017 this order was required to be passed within a period of 6 months from the date of receipt of the Report furnished by the DGAP under Rule 129(6) of the above Rules. Since the present Report has been received by this Authority on 18.12.2019 the order was to be passed on or before 17.06.2020. However, due to the prevalent pandemic of COVID-19 in the country, this order could not be passed before the above date due to force majeure. Accordingly, this order is being passed today in terms of the Notification No. 55/2020- Central Tax dated 27.06.2020 issued by the Government of India, Ministry of Finance (Department of Revenue), Central Board of Indirect Taxes & Customs under Section 168A of the CGST Act, 2017.