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TMI Blog2019 (3) TMI 1566X X X X Extracts X X X X X X X X Extracts X X X X ..... oduct was also reduced from ₹ 7986/- to ₹ 7,034/- after offering a discount of ₹ 1,006/- which is more than the commensurate rate reduction. As the Net Base Price (excluding tax) of the above product has been reduced by the Respondent, the allegation of profiteering is not sustainable. The Respondent has not contravened the provisions of Section 171 of the CGST Act, 2017 - there is no merit in the application forwarded by the Applicant No. 1 and the impugned application is accordingly dismissed. - Case No. 22/2019 - - - Dated:- 28-3-2019 - SH. B. N. SHARMA, CHAIRMAN, SH. J. C. CHAUHAN, TECHNICAL MEMBER, MS. R. BHAGYADEVI, TECHNICAL MEMBER, SH. AMAND SHAH, TECHNICAL MEMBER Present:- Smt. A. Shainamol, Additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Report dated 28.09.2018 that prior to 15.11.2017 (pre-revision), the applicable GST rate on the product was 28% which was reduced to 18%, vide Notification No. 41/2017-Central Tax(Rate) dated 14.11.2017. Period Pre-GST rate revision (prior to 15.11.2017 Post-GST rate revision (post 15.11.2017) Description of the product supplied Peps Spring Koil Bornell Normal Maroon 75x60x6 Mattress (HSN 94042910) Invoice No. Date C/0014196 dated 09.08.2017 C/009048 dated 30.11.2017 GST Rate 28% 18% Base price (excluding GST) (in Rs.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Rules, 2017 has stated that the present case is covered by Annexure-6 of the Kerala State Screening Committee's minutes, which alleged profiteering by the Respondent, pursuant to GST rate reduction w.e.f. 15.11.2017, in respect of supply of Peps Mattress(HSN 94042910) to M/s SRT and co., Palakkad, Kerala. It also stated that GST officers had conducted enquiries with M/S SRT and Co., Palakkad, Kerala and had procured the latter's purchase and sale invoices, but as the profiteering had been alleged against the Respondent the purchase invoices of M/S SRT and Co., have been relied upon, which happen to be the sale invoices of the Respondent. 8. We have carefully considered the DGAP Report and the documents on record and find that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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