Saturday, March 19, 2022

Rule 129 of CGST Rules 2017

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 Director General of [Anti-profiteering]282 for a detailed investigation.

(2) The Director General of [Anti-profiteering]283 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 Director General of [Anti-profiteering]284 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 Director General of [Anti-profiteering]285 may also issue notices to such other persons as deemed fit for a fair enquiry into the matter.

(5) The Director General of [Anti-profiteering]286 shall make available the evidence presented to it by one interested party to the other interested parties, participating in the proceedings.

(6)The Director General of [Anti-profiteering]287 shall complete the investigation within a period of [six]288 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 [as may be allowed by the Authority]289 and, upon completion of the investigation, furnish to the Authority, a report of its findings along with the relevant records.

Amendmends made to Rule 129 of CGST Rules 2017

282 Substituted for the word "Safeguards" vide Notf no. 29/2018-CT dt. 06.07.2018 [w.e.f 12.06.2018]

283 Ibid

284 Ibid.

285 Ibid.

286 Ibid.

287 Ibid.

288 Substituted vide Notf no. 31/2019 – CT dt. 28.06.2019 for "three"

289 Substituted vide Notf no. 14/2018-CT dt.23.03.2018 for "as allowed by the Standing Committee".