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2022 (7) TMI 640 - NATIONAL ANTI-PROFITEERING AUTHORITY The NAA found a cinema chain violated anti-profiteering provisions by increasing base ticket prices following GST rate reductions (28% to 18% for tickets above Rs. 100 and 18% to 12% for tickets Rs. 100 or less), effectively negating consumer benefits. The Authority rejected the respondent's objections regarding procedural validity and calculation methodology, determining a profiteered amount of Rs. 2,66,99,340/- for January 2019-February 2020. The respondent was ordered to deposit this amount plus 18% interest into Consumer Welfare Funds and faced penalty proceedings under Section 171(3A) of CGST Act.
2020 (4) TMI 569 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service - allegation that reduction in the rate of GST from 18% to 5% w.e.f. 15.11.2017, the Respondent had not passed on the commensurate benefit since he has increased the base prices of his products - contravention of section 171 of CGST Act - Penalty - HELD THAT:- It is clear from the plain reading of Section 171 (1) mentioned above 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 p... ... ...
Minutes of the 4th GST Council Meeting held on 3-4 November 2016 The 4th GST Council meeting, chaired by the Union Finance Minister, discussed several key issues, including the confirmation of minutes from the previous meeting and the development of the GST portal. The Council focused on finalizing GST tax rates, proposing a multi-tier structure with rates of 5%, 12%, 18%, and 28%, and a cess for luxury and sin goods to fund state compensation. The meeting also addressed cross-empowerment for a single interface under GST, with discussions on the division of taxpayer administration between central and state governments. The Council deferred a decision on this matter, planning further discussions. The next meeting was scheduled for 24-25 November 2016.
2022 (9) TMI 252 - NATIONAL ANTI-PROFITEERING AUTHORITY SC upheld DGAP's investigation finding profiteering under Section 171 of CGST Act. Respondents violated tax reduction benefit by not proportionately lowering product prices after GST rate reduction. Court ordered Respondents to pass on profiteered amounts totaling Rs. 90,25,45,191/- to consumers and deposit remaining funds in Consumer Welfare Funds, validating DGAP's calculation methodology.
2021 (3) TMI 648 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service - Allegation is that the benefit of reduction in the GST rate not passed on by way of commensurate reduction in prices - contravention of Section 171 of the CGST Act, 2017 - penalty - HELD THAT:- It is observed from the record that Respondent No. 1 is providing restaurant services as a franchisee of Respondent No. 2 and is supplying various food products to the customers. It is also revealed from the plain reading of Section 171 (1) of the CGST Act, 2017 that it... ... ...
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.
1999 (2) TMI 102 - ITAT DELHI-D Member(s) : B. M. KOTHARI., U. B. S. BEDI.
ORDER
U. B. S. Bedi, JM - These are two appeals of the revenue directed against separate orders of appeal of CIT(A) XIV, New Delhi dated 13-7-1990 and 7-8-1991 relating to assessment years 1985-86 and 1986-87 respectively and these appeals since involve similar facts and identical points. So these are consolidated and disposed of by a single order for the sake of convenience.
2. In ITA No. 7699 (Delhi) 90 the following grounds have been raised... ... ...
2020 (5) TMI 442 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - After-Shave Lotion Park Avenue Good Morning 50 ml - allegation that the benefit of reduction in the rate of tax not passed on by way of commensurate reduction in prices - contravention of provisions of section 171 of CGST Act - penalty - HELD THAT:- It is apparent from the perusal of Sub-Section 171 (1) that both the benefits of tax reduction and ITC are required to be passed on by the suppliers to the customers by commensurate reduction in the prices as they have been granted fro... ... ...
Minutes of the 20th GST Council Meeting held on 5th August, 2017 The 20th GST Council meeting, chaired by the Union Finance Minister, was held on August 5, 2017, in New Delhi. Key agenda items included confirming minutes from previous meetings, approving e-Way Bill System rules, and discussing Fitment Committee recommendations. The Council approved changes in GST rates for specific goods and services, such as reducing the rate for job work in the textile sector to 5% and Works Contract services to the government to 12%. The e-Way Bill System was approved with a target implementation date of October 1, 2017. Discussions also covered amendments to Central Sales Tax rules, anti-profiteering measures, and special provisions for transactions with Nepal and Bhutan. The next meeting was scheduled for September 9, 2017, in Hyderabad.
2020 (6) TMI 573 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - supply of Refrigerator Whirlpool FP313D PROTTON ROY MIRROR - benefit of reduction in the rate of tax not passed on by way of commensurate reduction in price - contravention of Section 171 of the CGST Act, 2017 - Penalty - HELD THAT:- It is evident from the perusal of Sub-Section 171 (1), 171 (3A) and the Explanation attached to this Section that profiteering pertains to the amount of benefit which has been denied to the recipients by a registered person by not reducing the prices ... ... ...
2020 (4) TMI 568 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - restaurant service - allegation that reduction in the rate of GST not passed on - contravention of section 171 of GST Act - 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 from the DGAP s Report that there has been a reduction in the rate o... ... ...
2020 (3) TMI 558 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - supply of Deodorant Wild Stone Deo Chrome BX 120 ml - allegation that the Respondent had not pass on the benefit of reduction in the GST rate - contravention of section 171 of CGST Act - Penalty - HELD THAT:- The profiteered amount is determined as Rs. 21,84,79,790/- in terms of Rule 133(1) of CGST rules, 2017, during the period from 15-11-2017 to 31-03-2019 as has been computed by DGAP - This authority u/r 133(3)(a) of CGST Rules, 2017 orders that the respondent shall reduce his ... ... ...
Report on the Revenue Neutral Rate and Structure of Rates for the Goods and Services Tax (GST) India is on the verge of implementing the Goods and Services Tax (GST), a significant reform aiming to unify the country's complex tax system. The GST seeks to replace multiple indirect taxes with a single tax, simplifying compliance and administration. It is expected to enhance economic growth by reducing tax cascading, increasing investment, and fostering a unified market across states. The reform involves a constitutional amendment and requires broad political consensus. The GST will have a dual monitoring structure, improving compliance and reducing evasion. The proposed GST structure includes a revenue-neutral rate, exemptions, and a three-rate system to balance revenue needs and social equity.
Minutes of the 50th Meeting of GST Council held on 11th July, 2023 The 50th GST Council meeting, chaired by the Union Finance Minister, was held on July 11, 2023, in New Delhi. Key discussions included ratification of notifications and circulars, amendments to GST rules, and recommendations from various committees. Notable decisions involved the implementation of e-way bills for gold movement, clarification on interest charges for IGST credit errors, and tax rates on certain goods and services. The Council also addressed issues related to online gaming, casinos, and horse racing, deciding on a 28% GST on full-face value. Proposals for GST Appellate Tribunal setup and state coordination committees were approved. The meeting concluded with a review of GST revenue and extensions for compliance deadlines in Manipur.
2022 (6) TMI 178 - ITAT DELHI Reopening of assessment u/s 147 against assessee trust after cancellation of registration u/s 12A - jurisdiction of AO - As argued since assessee has surrendered its registration u/s 12A and 12AA therefore, it was no longer an entity that required exemption u/s 11 and consequently DIT (E) or ACIT (E) did not had jurisdiction at the time of issuance of notice u/s 148 - HELD THAT:- The assessment for AY 2011-12 has been reopened in the period when statutorily the appellant was holding certificate ... ... ...
2021 (7) TMI 216 - CESTAT BANGALORE Taxability - Banking and other financial services - services rendered by ICICI Econet Internet and Technology Fund floated by the Settlor - trust is a legal entity or not - whether obtaining registration under any statute entails the trust to a Tax liability - Mutuality of Interest between Trust and Members - service provider-receiver relationship - tax liability on Carry Interest and performance fee - time limitation - computation errors - penalty - Revenue Neutrality - VCF established in the f... ... ...
Minutes of the 23rd GST Council Meeting held on 10 November 2017 The 23rd GST Council Meeting, chaired by the Union Finance Minister, was held on November 10, 2017, in Guwahati. Key discussions included confirming the minutes of the previous meeting, analyzing GST revenue for August to October 2017, and ratifying notifications and circulars issued by the Central Government. The Council deliberated on modifications to anti-profiteering rules, GST rates on various goods and services, and issues related to the GST Implementation Committee's decisions. Recommendations from the Group of Ministers on the composition and tax structure for restaurants were also considered. The Council agreed on several measures to simplify GST compliance, including extending return filing deadlines and addressing IT challenges in GST implementation.
2022 (5) TMI 1396 - CESTAT MUMBAI Refund of service tax aid on input services - export of taxable output services - Whether the Onsite services provided by subsidiary or branch of the Appellant located outside India can be treated as Export of Services and turnover thereof can be included in the Export Turnover of the Appellant under Rule 5 of the CCR? - HELD THAT:- The subsidiaries/ branch offices did not raised any bill/ invoice on the recipient of the services or received any payments from them. All the services provided by t... ... ...
2020 (7) TMI 286 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - supply of Services by way of admission to exhibition of cinematograph films where the price of admission ticket was above one hundred rupees - benefit of reduction in the rate of GST not passed on - contravention of section 171 of CGST Act - HELD THAT:- The Respondent has resorted to profiteering by way of either increasing the base prices of the service while maintaining the same selling prices or by way of not reducing the selling prices of the service commensurately, despite a ... ... ...
2015 (5) TMI 25 - BOMBAY HIGH COURT Valuation - Job work - Legality and validity of Rule 10A of The Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - Imposition of penalty - Held that:- Rule 10A (i), comes into play when the excisable goods are sold by the principal manufacturer for delivery at the time of removal of the goods from the factory of the job-worker and where the principal manufacturer and buyer of the goods are not related and the price is the sole consideration for the sale. Since the... ... ...
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