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2018 (10) TMI 1338 - NAPA - GSTProfiteering - restaurant service - failure to pass the benefit of reduced rate of GST - it was alleged that Respondent has not passed on the benefit of reduction in the rate of GST in restaurant service, when he had purchased Hara Bhara Kabab Sub - It was also alleged that the Respondent had increased the base price of the product from ₹ 130/- to ₹ 145/- when the GST was reduced from 18% to 5%. Benefit of rate reduction - Held that - It is apparent from the facts of the case that the Respondent had increased the base price of his products to make good the loss which had occurred due to denial of ITC post GST rate reduction. It is further revealed that the Respondent had increased the average base price by 12.14% to neutralize the denial of ITC of 11.80% and such increase is commensurate with the increase in the cost of the product on account of denial of ITC. Therefore, the allegation of not passing on the benefit of rate reduction is not established against the Respondent. Profiteering of ₹ 452/- made on the supply of the products on 14.11.2017 - Held that - The same can not be termed as profiteering in terms of section 171 of CGST Act, 2017 as there was no rate reduction on 14.11.2017 as the same had occurred w.e.f. 15.11.2017 only. Respondent has not contravened the provisions of Section 171 of the CGST Act, 2017 and hence there is no merit in the application filed by the Applicant No. 1 and the same is accordingly dismissed - application dismissed.
Issues:
1. Allegation of profiteering in contravention of Section 171 of CGST Act, 2017. 2. Benefit of reduction in GST rate not passed on to consumers. 3. Increase in base price of products post-GST rate reduction. 4. Examination of ITC aspect pre and post-GST. 5. Allegation of profiteering by selling items at an increased base price. 6. Determination of whether the Respondent violated Section 171 of CGST Act, 2017. Analysis: 1. The case involved an allegation of profiteering against the Respondent under Section 171 of the CGST Act, 2017. The Applicant claimed that the Respondent did not pass on the benefit of a reduction in the GST rate for restaurant services, leading to profiteering. The matter was investigated by the Director General of Anti-Profiteering based on an application filed by the Applicant before the Standing Committee on Anti-Profiteering. 2. The DGAP's report confirmed that the GST rate on restaurant services had been reduced from 18% to 5%, with the condition that Input Tax Credit (ITC) would not be allowed. The Respondent was found to have increased the base prices of products to compensate for the loss of ITC post-GST rate reduction. The DGAP's analysis revealed that the Respondent had increased the average base price by 12.14% to neutralize the denial of ITC of 11.80%. 3. The Authority considered the allegation of not passing on the benefit of the rate reduction and the issue of profiteering on a specific date. It was concluded that the Respondent had not contravened Section 171 of the CGST Act, 2017. The increase in the base price to include the cost of input tax was found to be commensurate with the denial of ITC. The allegation of profiteering on a particular date was not upheld as there was no rate reduction on that date. 4. The Respondent's defense regarding the system error leading to an overcharge was considered. The Authority determined that the Respondent had not violated the provisions of Section 171 of the CGST Act, 2017. The application filed by the Applicant was dismissed, and the Respondent was found not guilty of profiteering as alleged. 5. The Authority's decision was based on a thorough examination of the facts, including the reduction in GST rates, denial of ITC, and the Respondent's pricing strategies post-GST rate reduction. The Respondent's actions were deemed to be in line with the legal requirements, and the application against them was dismissed. 6. Overall, the judgment clarified the legal aspects of profiteering under the CGST Act, 2017, and highlighted the importance of passing on benefits to consumers following a reduction in GST rates. The detailed analysis provided a comprehensive understanding of the case and the Authority's decision regarding the alleged violation of Section 171 of the CGST Act, 2017.
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