GST rate reduction profiteering on cinema tickets upheld, with price rollback breach, prospective interest, and no retrospective penalty.
Case-Laws
GST
Section 171 required the benefit of a GST rate reduction to be passed on through a corresponding price reduction, and the Tribunal found profiteering where cinema ticket prices were kept at the same cum-tax level by increasing the base price. It upheld the DGAP's computation, including GST in the profiteered amount because the excess collection itself was tax-inclusive and not lawfully due. The Tribunal also held that interest under Rule 133(3)(c) applied only prospectively from 28.06.2019, but declined penalty because the penal provision could not operate retrospectively for the relevant period. The profiteered amount was directed to be deposited in the Consumer Welfare Fund with interest from 28.06.2019.
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