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GST - Highlights / Catch Notes

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Respondent resorted to profiteering by not reducing selling ...


Profiteering by cinema on GST rate cut, not passing benefit to customers. Directed to reduce prices. Violated law, but penalty can't be retrospective.

Case Laws     GST

July 15, 2024

Respondent resorted to profiteering by not reducing selling price commensurately despite GST rate reduction from 28% to 18% on cinema tickets above Rs. 100, from 01.01.2019 to 05.02.2019, profiteering Rs. 13,99,061 including GST. Respondent directed to reduce prices keeping rate reduction in view, having revised ticket price from Rs. 150 to Rs. 138 from 06.02.2019 depicting commensurate benefit passing. Respondent denied rate reduction benefit to customers violating Section 171(1) of CGST Act, 2017, committing offence u/s 171(3A) inserted from 01.01.2020, hence penalty u/s 171(3A) cannot be imposed retrospectively for said period.

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