Rule 129 of the CGST Rules, 2017

From the IndiaAuditLens Law Library

GST›CGST Rules, 2017›Chapter XV, Anti-Profiteering

At a glance

Bars, duties and time limits

  • 129(3)–(4)Before investigation, interested parties receive notice identifying the goods or services, the factual basis of the allegations and the reply time. The Director General may notify other persons for a fair enquiry.
  • 129(5)Evidence supplied by an interested party must be made available to the other participating interested parties.
  • 129(6)Investigation must finish within six months of the Standing Committee’s reference. The Authority may allow up to three further months for written reasons. On completion, the Director General sends findings and relevant documents to the Authority.

Procedure, powers and definitions

  • 129(1)–(2)The Standing Committee refers a matter for detailed investigation when satisfied that prima-facie evidence shows the supplier did not pass on a tax-rate or input tax credit benefit. The Director General investigates and collects necessary evidence.
  • 129(2)The law does not settle what evidence is necessary to establish whether the benefit was passed on; it gives no exhaustive evidence list.

Rule 129 sets out referral, notice, evidence-sharing and completion requirements for an anti-profiteering investigation. The Standing Committee refers a supported matter to the Director General of Anti-profiteering, who investigates whether the benefit reached recipients through commensurate price reductions. The procedure operates within the applicable jurisdiction, including the separate bar on acceptance of new examination requests from 1 April 2025.[1]

Text

The text below is the rule as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Rules as published in the Gazette of India is the legal source.

Rule 129, verbatim (show)

Rule 129. 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 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.

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".

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the rule they come from. They describe what the rule asks; they do not decide it.

Standing Committee referral 129(1)

Questions to answer on the file3 questions
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Investigation and collection of necessary evidence 129(2)

Questions to answer on the file3 questions
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Notice before investigation 129(3)

Questions to answer on the file10 questions
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Discretionary notices to other persons 129(4)

Questions to answer on the file2 questions
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Participating-party evidence availability 129(5)

Questions to answer on the file6 questions
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Investigation completion time 129(6)

Questions to answer on the file7 questions
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Report following investigation completion 129(6)

Questions to answer on the file5 questions
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Amendment history

The CBIC text carries 3 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to Rule 129 as footnoted in the CBIC text
NoteChange
1Substituted for the word "Safeguards" vide Notification No. 29/2018-CT dated 06.07.2018 [w.e.f. 12.06.2018][2]
2Substituted vide Notification No. 31/2019- CT dated 28.06.2019 for "three"[3]
3Substituted vide Notification No. 14/2018-CT dated23.03.2018 for "as allowed by the Standing Committee".[4]
Provisions connected to Rule 129
ProvisionConnectionWords that tie them
Rule 128this provision requires Rule 128129(1) "Standing Committee is satisfied"
Rule 130this provision requires Rule 130129(5) "make available the evidence"
Rule 133this provision requires Rule 133129(6) "furnish to the Authority, a report"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this rule, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Notifications (4)

NumberDateSubject
Notification No. 31/2019-Central Tax28 June 2019Seeks to carry out changes in the CGST Rules, 2017. amended by a later instrument
Notification No. 29/2018-Central Tax6 July 2018Seek to make amendments (Seventh Amendment, 2018) to the CGST Rules, 2017
Notification No. 14/2018-Central Tax23 March 2018Amending the CGST Rules, 2017(Third Amendment Rules, 2018).
Notification No. 10/2017-Central Tax28 June 2017Seeks to amend CGST Rules notification no 3/2017-Central Tax dt 19.06.2017 amended by a later instrument

Unsettled questions

The words of Rule 129 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. What establishes necessary evidence for determining benefit passing under Rule 129(2), where the text supplies no exhaustive evidence list?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Rule 129. Initiation and conduct of proceedings". Central Goods and Services Tax Rules, 2017, CBIC tax information portal, with amendment footnotes 1 to 3. Retrieved 17 September 2026.
  2. Notification No. 29/2018-Central Tax, dated 6 July 2018: Seek to make amendments (Seventh Amendment, 2018) to the CGST Rules, 2017. Cited in CBIC footnote 1.
  3. Notification No. 31/2019-Central Tax, dated 28 June 2019: Seeks to carry out changes in the CGST Rules, 2017. Cited in CBIC footnote 2.
  4. Notification No. 14/2018-Central Tax, dated 23 March 2018: Amending the CGST Rules, 2017(Third Amendment Rules, 2018). Cited in CBIC footnote 3.

External links