TaxTMI 
TaxTMI 
Constitution of State Level Screening Committee on Anti- profiteering for the State of Telangana
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.... [email protected] 2. The office of the Screening Committee of Anti-profiteering, Telangana is operating from the following address: O/o the Commissioner of Central Tax, Medchal GST Bhavan, H.No. 11-4-649/B, Lakdi-ka-pul, Hyderabad-500 004. 3. It is brought to the notice of all the concerned that any complaints concerning anti-profiteering pertaining to Telangana Sate involving issues of local nature may be submitted (in the prescribed application form i.e. APAF- 1 which is enclosed as Annexure-A) to the above Officers for scrutiny and onward transmission of the Standing Committee. 4. An FAQs and a note on Anti-profiteering are enclosed vide Annexure-B & Annexure-C for information and guidance. 5. All the Trade associations are requested to bring the contents of the Trade Facility to all the concerned. (M. SRINIVAS) COMMISSIONER ============= Document 1 ANNXURE-A Anti-Profiteering Application Form (APAF - 1) [To be filed before Standing Committee/State level Screening Committee in terms of Rule 128 of CGST Rules, 2017] General information about the Applicant A. A.1 Name A.2 Address A.3 Contact....
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....à¥à¤¯à¤®à¥‡à¤µ जयते à¤à¤¾à¤°à¤¤ सरकार GOVERNMENT OF INDIA देश सेवारà¥à¤¥ करसंचय GST FAQ on Anti-Profiteering M. SRINIVAS IRS COMMISSIONER MEDCHAL GST COMMISSIONERATE, HYDERABAD Medchal Commissionerate, Hyderabad Zone FAQs on Anti-Profiteering Q.1: What is 'profiteering' activity? Ans. 1: The suppliers of goods and services should pass on the benefit of any reduction in the rate of GST on such supplies or the benefit of input tax credit to the recipient by way of commensurate reduction in prices. Any wilful action of not passing of such benefit to the recipient amounts to “profiteeringâ€. Q. 2: What are the legal provisions governing the Anti- profiteering? Ans. 2: The Sec. 171 of CGST/SGST/UTGST Act, 2017 and the Rule 122 to Rule 137 of the CGST/SGST/UTGST Rules, 2017 envisage the Anti- profiteering principle and the relevant administrative and procedural aspects. Q.3: What is the administrative structure for enforcing the provisions of....
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....ituted with the following members: (1) Sri. M. Srinivas, IRS, Commissioner of Central Tax, Medchal GST Bhavan; Lakdi-ka-pul, Hyderabad-500 004. Ph.No.: 040-23237262; 040-23231843 [email protected]. email: NOTE: Please call the toll free number: 1800 599 5399 or mail to [email protected] to seek clarifications regarding GST issues, if any. (Initiatives of Central GST, Hyderabad Zone) Page 2 of 8 Medchal Commissionerate, Hyderabad Zone (2) Smt. B. Amrutha Lakshmi, Additional Commissioner of State Tax; O/o the Commissioner of State Tax, CT Complex, Nampally Station Road, Hyderabad - 500 001. Ph: 040- 24652356; 040-24618912; email: [email protected]. Further, a compliant in the form APAF-1 can also be lodged through online on the website of National Anti-profiteering Authority at "www.naa.gov.inâ€. Q. 6: How to know the status of the complaint against profiteering? Ans. 6: The complainant can track the application filed online through the ‘track complaint' module available on the website www.naa.gov.in, if it is filed online. Otherwise the complainant can contact the ....
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....ted under CGSTA and SGSTA/UTGST, in equal proportions. Q.10: What are the documents to be submitted along with the form (APAF-1) for complaining about illegal profiteering? Ans. 10: The provisions of GST law have not specified any documents for the said purpose. However, the documents such as the tax invoices / bills issued by the supplier prior to and subsequent to the reduction of rate of tax reflecting the price, rate of tax and amount of tax; the documents indicating the description of the goods (in case the invoice do not reflect true description of the goods/ services) like the contract/agreement/ NOTE: Please call the toll free number: 1800 599 5399 or mail to [email protected] to seek clarifications regarding GST issues, if any. (Initiatives of Central GST, Hyderabad Zone) Page 4 of 8 Medchal Commissionerate, Hyderabad Zone product brochure etc. are required to be submitted along with the application (APAF-1). Q.11: Is there any time limit prescribed for filing application/complaint against profiteering; and for disposal of such applications? Ans.11: There is no time limit prescribed for filing of applic....
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....d person against whom the order is passed, failing which, action shall be initiated to recover the amount in accordance with the provisions of the CGST/SGST/UTGST/IGST Act, 2017. (Rule. 135) Further The Authority may require any authority of Central tax, State tax or Union territory tax to monitor the implementation of the order passed by it. (Rule. 136). *** Disclaimer:- Please note that the subject guidance material is intended to provide general understanding on the subject and it should not be treated as a legal advisory, opinion or authority. For more details, all the concerned are advised to refer to the respective legal provisions of CGST Act 2017/CGST Rules, 2017 and Circulars of the Board. NOTE: Please call the toll free number: 1800 599 5399 or mail to [email protected] to seek clarifications regarding GST issues, if any. (Initiatives of Central GST, Hyderabad Zone) Page 6 of 8 Medchal Commissionerate, Hyderabad Zone Anti-Profiteering Application Form (APAF - 1) [To be filed before Standing Committee/State level Screening Committee in terms of Rule 128 of CGST Rules, 2017] A. General information about the....
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....ee on Anti-profiteering: Contact details of State Screening Committee on Anti-profiteering are available at URL: goo.gl/eYJXnK NOTE: Please call the toll free number: 1800 599 5399 or mail to [email protected] to seek clarifications regarding GST issues, if any. (Initiatives of Central GST, Hyderabad Zone) Page 8 of 8 ANNEXURE-C Note on Anti-Profiteering Conceptually any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit should have been passed on to the recipient by way of commensurate reduction in prices, since GST being an indirect tax it is the customer/consumer who ultimately pays the tax involved. However it has been the experience of many countries that when GST was introduced there has been a marked increase in inflation and the prices of the commodities. This happened in spite of the availability of the tax credit right from the production stage to the final consumption stage which should have actually reduced the final prices. This was obviously happening because the supplier was not passing on the benefit to the consumer and thereby indulging in illegal profiteeri....
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....s: (i) to determine whether any reduction in the rate of tax on any supply of goods or services or the benefit of Page 2 of 6 input tax credit has been passed on to the recipient by way of commensurate reduction in prices; (ii) to identify the registered person who has not passed on the benefit of reduction in the rate of tax on supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices; (iii) to order, (a) reduction in prices; (b) return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in prices along with interest at the rate of eighteen per cent. from the date of collection of the higher amount till the date of the return of such amount or recovery of the amount not returned, as the case may be, in case the eligible person does not claim return of the amount or is not identifiable, and depositing the same in the Consumer Welfare Fund; (c) imposition of penalty; and (d) cancellation of registration. Constitution of Standing Committee and state level screening committees (Section 123): 6. The Government has constitute....
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....tax on any supply of goods or services or the benefit of input tax credit on to the recipient by way of commensurate reduction in prices, will forward the application with its recommendations to the Standing Committee for further action. As per Rule 128(1), the Standing Committee examine the accuracy and adequacy of the evidence provided in the application to determine whether Page 4 of 6 there is prima-facie evidence to support the claim of the applicant that the benefit of reduction in the rate of tax on any supply of goods or services or the benefit of input tax credit has not been passed on to the recipient by way of commensurate reduction in prices. If it is satisfied then the matter will be referred to the Director General of Safeguards for a detailed investigation {Section 129(1)}. Investigation: 10. As per Rule 129(2), the Director General of Safeguards shall conduct investigation and collect evidence necessary to determine undue profiteering and before initiation of the investigation, issue a notice to the interested parties (and to such other persons as deemed fit for a fair enquiry into the matter-Rule 129(4)) contain....