Rule 129 CGST Rules 2017 : Initiation and conduct of proceedings

By | July 14, 2017
(Last Updated On: July 7, 2018)

 Rule 129 CGST Rules 2017

 Summary of Rule 129 CGST Rules 2017

( Rule 129 CGST Rules 2017 explains Initiation and conduct of proceedings  and is covered in Chapter XV  – Anti-Profiteering  : Inserted by the Central Goods and Services Tax (Second Amendment) Rules, 2017, w.e.f. 1-7-2017 Amended by Central Goods and Services Tax (Third Amendment) Rules, 2018 ,CGST (Seventh Amendment) Rules 2018)

 Rule 129 CGST Rules 2017

Initiation and conduct of proceedings

129. (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[Directorate General of Anti-profiteering] for a detailed investigation.

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

(5) The 2[Directorate 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 2[Directorate General of Anti-profiteering] shall complete the investigation within a period of three 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 ] and, upon completion of the investigation, furnish to the Authority, a report of its findings along with the relevant records.


Notes on Amendments in Rule 129 CGST Rules 2017

2 . In rule 129, for the words “Director General of Safeguards”, wherever they occur, the words
“Director General of Anti-profiteering” substituted by CGST (Seventh Amendment) Rules 2018 Vide Notification No. 29/2018 Central Tax Dated 6th July, 2018

1. Substituted for “as allowed by the Standing Committee” by the Central Goods and Services Tax (Third Amendment) Rules, 2018, w.e.f. 23-3-2018.

 Rule 129 CGST Rules 2017

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3 thoughts on “Rule 129 CGST Rules 2017 : Initiation and conduct of proceedings

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