Chapter - XV of CGST Rules, 2017
ANTI-PROFITEERING
RULE 129. Initiation and conduct of proceedings. (corresponding section 171)
(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 2[Director General of
Anti-profiteering] [helldod old[Director General of Safeguards] helldod] for a detailed
investigation.
(2) The 2[Director General of
Anti-profiteering] [helldod old[Director General of Safeguards] helldod] 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 2[Director General of
Anti-profiteering] [helldod old[Director General of Safeguards] helldod] 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 2[Director General of
Anti-profiteering] [helldod old[Director General of Safeguards] helldod] may also issue notices to such other
persons as deemed fit for a fair enquiry into the matter.
(5) The 2[Director General of
Anti-profiteering] [helldod old[Director General of Safeguards] helldod] shall make available the evidence
presented to it by one interested party to the other interested parties,
participating in the proceedings.
(6) The 2[Director General of
Anti-profiteering] [helldod old[Director General of Safeguards] helldod] shall complete the investigation within a
period of 3[six] [helldod old[three]helldod] 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 1[as
may be allowed by the Authority] [helldod old[as allowed by the Standing
Committee] helldod] and, upon completion of the investigation, furnish to the Authority, a
report of its findings along with the relevant records.
1.Substituted Vide:-
Notification No. 14/2018-Central
Tax,Dt.23-03-2018-[Para 2(v)]
2.Substituted Vide:- Notification No. 29/2018-Central Tax Dt.06-07-2018-[Para 2(ii)]
3.Substituted vide:
Notification No.31/2019-Central Tax
,Dt. 28/06/2019-[Para 15].