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GST - Highlights / Catch Notes

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Profiteering - Restaurant Services - benefit of reduction in the ...


Restaurant Violated Section 171 CGST Act for Not Passing Tax Cut Benefits; Ordered to Deposit Profiteered Amount.

December 14, 2020

Case Laws     GST     NAPA

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 - Respondent had increased the base prices of the items supplied by him to neutralise the effect of ITC of 9.11% which was not available to him after the rate reduction w.e.f. 15.11.2017. - Respondent had increased the average output taxable value i.e. the base price by 10.45% to offset the denial of input tax credit of 9.11% - the Respondent liable for profiteering under Section 171 (1) of the above Act and directed him to deposit the profiteered amount vide order dated 16.11.2018. - The time limit prescribed under Rule 133 (1) is not mandatory and it is only directory. - NAPA

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