N A P A (KERALA STATE) FOUND

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N A P A (KERALA STATE) FOUND WHIRLPOOL GUILTY ON ITS REFRIGERATORS OF RS. 4,07,451/-

23/06/2020

N A P A (KERALA STATE) FOUND WHIRLPOOL GUILTY ON ITS REFRIGERATORS OF RS. 4,07,451/-

Kerala State Screening Committee on Anti-Profiteering vs. Whirlpool of India Ltd.

FACTS

The brief facts of case are that applicant had referred a case to the Standing Committee on Anti-profiteering against Whirlpool alleging profiteering on the supply of Refrigerator Whirlpool (HSN code 84182100) by not passing on the benefit of reduction in the rate of tax w.e f. July 1, 2017, by way of commensurate reduction in price, in terms of Section 171 of the Central Goods and Services Tax (CGST) Act, 2017.

HELD

As per discussion, respondent had no reason to increase his price on the eve of the tax reduction and hence the above contention of the respondent is not bonafide which was made with the Hidden motive of effecting the benefit of tax reduction.

Decision

On the basis of facts of case, the amount profiteered by Whirlpool is determined as Rs. 4,07,451/-. Respondent is directed to reduce the price of above procduct and also deposit the profiteered amount along with interest @ 18%. A show cause notice be issued to him to explain why the penalty under GST Act should not be imposed on him.

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