Initiation and conduct of proceedings
Rule 129 of the Central Goods and Services Tax Rules, 2017 deals with initiation and conduct of proceedings. 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 The Act came into force on 22 Jun 2017.
(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 1 [Director General of Anti-profiteering] for a detailed investigation.
(2) The 1 [Director 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 1 [Director 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 proceeding shave 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 1 [Director General of Anti-profiteering] may also issue Notices to such other persons as deemed fit for a fair enquiry into the matter.
(5) The 1 [Director 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 1 [Director General of Anti-profiteering] shall complete the investigation within a period of 2 [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 3 [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.
Amendment notes
1. Substituted for the word "Safeguards" vide Notification No. 29/2018-CT dated 06.07.2018 [w.e.f. 12.06.2018]
2. Substituted vide Notification No. 31/2019- CT dated 28.06.2019 for "three"
3. Substituted vide Notification No. 14/2018-CT dated23.03.2018 for "as allowed by the Standing Committee".
Rule 129, The Central Goods and Services Tax Rules, 2017 (Act G.S.R. 610(E) of 2017).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 4
- r. 53 Revised tax invoice and credit or debit notes
- r. 142 Notice and order for demand of amounts payable under the Act
- r. 144A Recovery of penalty by sale of goods or conveyance detained or seized in transit
- r. 154 Disposal of proceeds of sale of goods or conveyance and movable or immovable property
Questions about Rule 129
What does Rule 129 of the Central Goods and Services Tax Rules deal with?
Rule 129 of the Central Goods and Services Tax Rules is headed "Initiation and conduct of proceedings". 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
How do I find court cases under Rule 129 of the Central Goods and Services Tax Rules?
In judgments and charge sheets this rule is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CGST Rules 2017 129, rule 129 CGST Rules 2017, rule 129 of the Central Goods and Services Tax Rules. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Rule 129 of the Central Goods and Services Tax Rules, and has it changed?
4 other provisions in this corpus refer back to it.
When did Rule 129 of the Central Goods and Services Tax Rules come into force?
Rule 129 of the Central Goods and Services Tax Rules, cited as CGST Rules 2017 129, came into force on 22 Jun 2017, having been enacted on 19 Jun 2017. It is in force as at the date shown on this page.
Other rules of this Act
- 89. Application for refund of tax, interest, penalty, fees or any other amount3731 words
- 43. Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases3015 words
- 138. Information to be furnished prior to commencement of movement of goods and generation of e-way bill2970 words
- 42. Manner of determination of input tax credit in respect of inputs or input services and reversal thereof2706 words
- 164. Procedure and conditions for closure of proceedings under section 128A in respect of demands issued under section2150 words
- 8. Application for registration2144 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Parsed from the consolidated PDF published by CBIC at taxinformation.cbic.gov.in. The provision list against which this parse was checked comes from the same portal, so a rule the document omits is still recorded. This page is not a substitute for legal advice.