2025 (6) TMI 512 - HC - GST

Short payment of tax - Revenue Department seeks to construe discounts given by various manufacturers as an income on which Goods and Services Tax ( GST ) is payable - HELD THAT - Considering the nature of the matter this Court is of the opinion that discounts given by manufacturers to retailers prima facie cannot be considered as a consideration for services rendered by the retailer. Accordingly the impugned order shall remain stayed. List before the Joint Registrar on 18th July 2025.

Summary

The Delhi High Court, through Justices Prathiba M. Singh and Rajneesh Kumar Gupta, heard a petition filed under Article 226 of the Constitution by Vardhman Electronics challenging the Show Cause Notice dated 26th September 2023 and the subsequent order dated 30th January 2025 issued by the Additional Commissioner, CGST Delhi. The impugned order confirmed a demand of short payment of GST amounting to Rs. 9,85,22,360/- plus penalties, on the basis that discounts given by manufacturers to the retailer were construed by the Revenue as taxable income, treating such discounts as consideration for services rendered by the retailer.The Court observed that "discounts given by manufacturers to retailers, prima facie, cannot be considered as a consideration for services rendered by the retailer," and accordingly granted a stay on the impugned order. The matter was adjourned for further hearing.