2019 (1) TMI 21

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....No. 2 i.e. the Director General of Anti-Profiteering (DGAP) after detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the case are that the Kerala State Screening Committee on Anti-Profiteering, vide the minutes of it's meeting held on 08.05.2018 had referred the present case to the Standing Committee on Anti-profiteering, alleging profiteering by the Respondent on the supply of the product "Paint (AP Apex Classic WT 10 LT (HSN Code 3209))", by not passing on the benefit of reduction in the rate of tax of GST at the time of implementation of the GST w.e.f. 01.07.2017. In this regard, the Kerala State Screening Committee had relied on two invoices issued by the Respondent, o....

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....P (Rs.)   H=(D*70%)*12.5% 228.38 - 9. Base Price (Excluding duties & taxes) (Rs.) I=G-H 1,855.05 1,859.55 10. Tax Rate Charged (%)  J 14.50% VAT 28% GST 11. Tax Amount (VAT or GST) (Rs.)  K=G*J 302.10 520.67 12. Total Tax Amount (Rs.)  L=H+K 530.48 520.67 13. Total Tax incident (%) M=L/I 28.60% 28% 14. Increase in Base Price Diff in I Rs.4.50/- (0.24%) 4. The DGAP has further stated that the total tax rate has been reduced from 28.60% to 28% post implementation of the GST. The DGAP has also submitted that the Respondent had increased the base price of the above product from Rs. 1855.05/- to Rs. 1859.55/- resulting in a....