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Showing 1 to 20 of 692 Records Search Text: calculate service tax restaurants india |
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2020 (12) TMI 487 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - Restaurant Services - benefit of reduction in the rate of tax not passed on - contravention of the provisions of Section 171 of the CGST Act, 2017 - penalty - HELD THAT:- The Respondent is a company registered under the Companies Act, 1956 and is engaged in the business of operating quick service restaurants under the brand name of Mcdonalds under a franchisee agreement with the multi-national company Mcdonalds India Private Limited. The Respondent is operating about 300 restauran... ... ...
2020 (12) TMI 889 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service supplied by the Respondent - allegation that the Respondent had increased the base prices of his products and had not passed on the benefit of reduction in the GST rate from 18% to 5% w.e.f. 15.11.2017 vide Notification No.46/2017-Central Tax (Rate) dated 14.11.2017 by way of commensurate reduction in prices - contravention of Section 171 of the Central Goods and Services Tax Act, 2017 - penalty - HELD THAT:- It is revealed from the record that the Respondent is... ... ...
2023 (12) TMI 229 - COMPETITION COMMISSION OF INDIA NAA reviewed a case involving GST rate reduction and alleged profiteering by a food service company. The tribunal upheld DGAP's investigation methodology, finding the respondent did not adequately pass on GST rate reduction benefits. The SC directed the company to deposit Rs. 6,58,523 in Consumer Welfare Funds, rejecting arguments about expenses, discounts, and jurisdictional challenges. No penalty was imposed due to timing constraints.
2020 (8) TMI 601 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service - allegation that Respondent had not passed on the commensurate benefit, despite the reduction in the rate of GST - contravention of section 171 of CGST Act - penalty - HELD THAT:- It is clear from the plain reading of Section 171(1), that it deals with two situations one relating to the passing on the benefit of reduction in the rate of tax and the second about the passing on the benefit of the ITC - On the issue of reduction in the tax rate, it is apparent fro... ... ...
2020 (7) TMI 546 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service supplied by the Respondent (Franchisee of M/s Subway Systems India Pvt Ltd.) - allegation that the benefit of reduction in the rate of GST not passed on by way of commensurate reduction of price - contravention of section 171 of CGST Act - penalty - HELD THAT:- The profiteered amount is determined as Rs. 7,53,8541- as has been computed vide Annexure-13 of the DGAP s Report dated 31.12.2019. Accordingly, the Respondent is directed to reduce his prices commensurat... ... ...
2022 (5) TMI 1359 - MADRAS HIGH COURT Constitutional validity of amendment - discrimination within the works contractors - discrimination between the dealers who purchase goods within the State and outside the State/country - Constitutional Validity of amendment introduced by Act 21 of 2007 retrospectively with effect from 01.01.2007 to Section 6 of the Tamil Nadu Value Added Tax Act, 2006 (Act 32 of 2006) - ultravires Articles 14, 19 (1) (g), 20, 301 and 304 (a) of the Constitution of India or not - constitutional validity of Secti... ... ...
2020 (7) TMI 340 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant services - allegation that benefit of reduction in GST rate not passed on by way of commensurate reduction in prices - contravention of section 171 of CGST Act - penalty - HELD THAT:- The profiteered amount is determined as Rs. 41,93,431/- as has been computed in Annexure-14 of DGAP s Report dated 27.12.2019 - Accordingly, the Respondent is directed to reduce his prices commensurately in terms of Rule 133(3)(a) of the above rules - Further, since the recipients of the b... ... ...
2019 (9) TMI 1141 - CESTAT NEW DELHI Non/short payment of service tax - Franchisee Service - Management Consultancy Service - Non-payment of service tax on advertisement expenses incurred by the local franchisees - Short payment of service tax due to wrong utilisation of cenvat credit - Non-payment of service tax on management consultancy services by wrongly claiming the same as export service - Interest on late payment of service tax on franchisee fees to McDonald s USA. Non-Payment of Service Tax on Advertisement Expenses Incurre... ... ...
PRE-BUDGET MEMORANDUM 2013-2014 - FICCI The pre-budget memorandum for 2013-2014 by FICCI outlines key economic and fiscal recommendations aimed at addressing India's economic challenges. It emphasizes the need for stable tax policies to boost investor confidence and suggests implementing committee reports on tax reforms. FICCI opposes the introduction of inheritance tax, citing potential negative impacts on capital generation. The memorandum stresses the importance of dispute resolution mechanisms, efficient tax refund processes, and the removal of double taxation on overseas dividends. It advocates for maintaining current import duties to protect domestic industries until comprehensive GST implementation and highlights the need for infrastructure development, including the introduction of GST, to stimulate economic growth.
2020 (3) TMI 611 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service supplied by the Respondent (Franchisee of M/s Subway Systems India Pvt. Ltd.) - allegation that the benefit of reduction in the rate of GST not passed on - contravention of section 171 of CGST Act - penalty - HELD THAT:- Section 171 (1) of the CGST Act, 2017 states that the reduction in the rate of tax or benefit of ITC which means that the benefit of tax reduction or ITC has to be passed on by a supplier since it is a sacrifice granted from the public exchequer... ... ...
2025 (3) TMI 347 - DELHI HIGH COURT Duty leviable under Section 3 (7) of the CTA is independent of the impost created by Section 5 of the IGST or not - supply of service conferred that character by virtue of Schedule II of the CGST would remain unimpeded by the concept of import of goods as ordinarily understood or not - Levy of additional duty of customs over and above the IGST - HELD THAT:- An integrated tax on the import of services can only be imposed under Section 5 (1) of the IGST. A supply of service once so classified cann... ... ...
Rates for supply of services under IGST Act The Government of India issued Notification No. 8/2017 on June 28, 2017, under the Integrated Goods and Services Tax (IGST) Act, 2017, specifying the tax rates for inter-State supply of services. The notification outlines various service categories, their corresponding IGST rates, and conditions for tax applicability. For construction services, specific provisions apply based on project type, commencement date, and tax options exercised by promoters. The notification mandates that 80% of input services should be sourced from registered suppliers, with specific conditions for input tax credit and reverse charge mechanisms. The notification also includes detailed explanations and conditions for various service sectors.
FINANCE (NO. 2) ACT, 1991 The Finance (No. 2) Act, 1991, outlines various amendments and provisions related to income tax, wealth tax, gift tax, interest tax, and expenditure tax in India. Key changes include adjustments to income tax rates and surcharges for different categories of taxpayers, introduction of tax deductions for specific investments and contributions, and modifications to tax procedures and compliance requirements. The Act also introduces new provisions for tax incentives aimed at promoting exports, research, and development activities, and includes specific measures to streamline tax administration and enforcement. Additionally, the Act revives interest tax and extends expenditure tax to air-conditioned restaurants, among other updates.
2021 (1) TMI 844 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service supplied by the Respondent - allegation that the reduction in the rate of tax not passed on by way of commensurate reduction in price - contravention of section 171 of CGST Act - penalty - HELD THAT:- It is revealed from the record that the Respondent is running a restaurant as a franchisee of M/S Subway Systems India Private Limited in Maharashtra and is supplying various food products to customers. It is also revealed from the plain reading of Section 171 (1) ... ... ...
2020 (11) TMI 104 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - purchase of Short Capuccino - allegation that the Respondent had not passed on the benefit of reduction in the GST rate on restaurant service - contravention of section 171 of CGST Act - Penalty - HELD THAT:- The Respondent has profiteered to the tune of Rs. 1,04, 70,664/- during the period from 15.11.2017 to 30.06.2018 which he is required to pass on to the buyers by commensurately fixing prices of his products after taking in to account the impact of denial of ITC, which he has ... ... ...
2018 (12) TMI 892 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA Classification of goods - Rates of GST - Unleavened Flatbreads - Leavened Flatbreads - Corn Chips, Corn Taco and Corn Taco Strips - Pancakes - Pizza Base - Applicability of entry No.99A of Schedule to the Notification No. 1/2017 - IGST Act dated 28/06/2017. Whether Unleavened Flatbreads treated as Khakra, plain chapatti or roti under Entry No. 99A of Schedule or as bread as mentioned under Entry No. 97 or as Malt extract, food preparations of flour, groats, meal, starch or malt extract not conta... ... ...
2014 (3) TMI 1150 - ITAT MUMBAI Expenditure on maintenance of certain Buildings - CIT (A) rejecting the claim of the appellant that certain buildings were maintained at far flung places due to business expediency and as hotels were not available in these places, expenditure on the same is allowable as revenue expenditure - HELD THAT:- This issue was decided against the assessee, by the order of the Tribunal for the AY. 1986-87 [ 2014 (2) TMI 1110 - ITAT MUMBAI] Recovery of Guest House Expenses considered under Rule 6D of the I... ... ...
2017 (12) TMI 1238 - DELHI HIGH COURT Vires of the second explanation to Section 2(m) of the Delhi Entertainment and Betting Tax Act - The GNCT of Delhi amended Section 2 (m) of the Entertainment Tax Act by adding two explanations and took the position that these provisions were clarificatory; the amendments were inserted on 1 October 2012 but brought into force with effect from 01 April 1998. These amendments are the subject matter of challenge in the present writ proceedings - FDCI challenges the impugned amendment to the Explanat... ... ...
Rates for supply of services under UTGST Act The Government of India, under the Union Territory Goods and Services Tax (UTGST) Act, 2017, has issued Notification No. 11/2017 detailing the applicable tax rates for various service categories within Union Territories. The notification specifies tax rates for services such as construction, transport, accommodation, and trade services, among others. It outlines conditions for tax applicability, including input tax credit provisions and reverse charge mechanisms. The notification also provides detailed explanations and annexures for calculating tax liabilities and input tax credits for real estate and other service sectors, effective from July 1, 2017.
Taxation of Services - An Education Guide. The press release discusses the evolution of service taxation in India, starting from its inception in 1994 with a modest collection of Rs 407 crore, to Rs 97,444 crore in 2011-12. The document highlights the challenges faced due to overlaps in service categories and the lack of clarity in definitions, leading to tax leakages and litigation. The 2012 budget introduced a new taxation system known as the Negative List, where all services are taxable unless specified otherwise. This guide aims to educate taxpayers and administrators about the new system, providing guidance notes on various topics such as service definition, taxability, exemptions, and valuation.
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