Chapter XV
Anti-Profiteering
129. Initiation and conduct of proceedings.-
(1) Where the Standing Committee is satisfied that there is a prima-facie evidence to show that the supplier has not passed on the benefit of reduction in the rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, it shall refer the matter to the 2Director General of Anti-profiteering for a detailed investigation.
(2) The 2Director General of Anti-profiteering shall conduct investigation and collect evidence necessary to determine whether the benefit of reduction in the rate of tax on any supply of goods or services or the benefit of input tax credit has been passed on to the recipient by way of commensurate reduction in prices.
(3) The 2Director General of Anti-profiteering shall, before initiation of the investigation, issue a notice to the interested parties containing, inter alia, information on the following, namely:-
(a) the description of the goods or services in respect of which the proceedings have been initiated;
(b) summary of the statement of facts on which the allegations are based; and
(c) the time limit allowed to the interested parties and other persons who may have information related to the proceedings for furnishing their reply.
(4) The 2Director General of Anti-profiteering may also issue notices to such other persons as deemed fit for a fair enquiry into the matter.
(5) The 2Director General of Anti-profiteering shall make available the evidence presented to it by one interested party to the other interested parties, participating in the proceedings.
(6) The 2Director General of Anti-profiteering shall complete the investigation within a period of 3[six] months of the receipt of the reference from the Standing Committee or within such extended period not exceeding a further period of three months for reasons to be recorded in writing 1as may be allowed by the Authority and, upon completion of the investigation, furnish to the Authority, a report of its findings along with the relevant records.
Note:
1. Inserted by Notification No. 14/2018 –Central Tax issued dated 23rd March, 2018
2. Substituted by Notification No. 29/2018– Central Tax issued on 06th July, 2018
3. Substituted by Notification No. 31/2019 – Central Tax Dated 28.06.2019.
in sub-rule (6),
shall complete the investigation within a period of three months
following word shall be substituted namely;
shall complete the investigation within a period of six months |