Is this profiteering
Should the mrp have reduced from 250.
The first product is 2016 make (pre gst) and the online listing is may 2019. On flipkart the price is 350 for same product.
Please advise more
1) Product produced was of 2016, and the MRP was Rs.250.
2) The MRP of the same product in 2019 is quoted as Rs.350, as per the list price.
3) The consumer says that the gst rate was changed (the date of which is not mentioned) to 18%, say, the gst rate was reduced in the year 2018.
4) The answer of the manufacturer is that between the year 2016 (the date of manufacture) and 2019 (the current rate of production) with a time gap of three years, the production and marketing costs have since increased.
5) The consumer argues that the manufacturer has since increased the MRP absorbing rising cost in the three years and government giving the benefit (additional) of reduced gst. Therefore, the benefit of reduced gst should have been passed on to the consumer, which has not been done.
(Here, I would like the questioner, Niharika Jain, to produce copies of the two Tax Invoice - of 2016 and 2019. It will also be appropriate for the Tax Authorities of the State/Centre to obtain copies of the Input Costs of the years 2016, 2017, 2018 and 2019 to determine the actual value of the MRP - for academic purposes)
6) So, on the one hand through the proportionate add up of the rising Input Cost the manufacturer has made up the production and marketing costs in the MRP, but has not given the benefit of reduced gst to the consumer. Therefore, it is a clear case of unfair business practice and should be refunded the overcharged gst to the consumer. It is a case of Unfair BUsiness Practice, not of Anti-profiteering. National Anti-profiteering Authority has no claim on the overcharged gst.
7) This confusion is also because the Government of India in the Department of Revenue/Taxation has never laid down the format of a Tax Invoice meant to be given to the buyer. more