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of <h1>Respondent profiteered from GST rate reduction on cinema tickets, ordered to deposit Rs. 5,31,625/- in Consumer Welfare Funds.</h1> <h3>Principal Commissioner, Medchal Commissionerate, Director-General of Anti-Profiteering, Indirect Taxes & Customs Versus M/s Shiva Parvathi Theatre</h3> Principal Commissioner, Medchal Commissionerate, Director-General of Anti-Profiteering, Indirect Taxes & Customs Versus M/s Shiva Parvathi Theatre - TMI Issues Involved:1. Allegation of profiteering by the Respondent.2. Investigation by the Director-General of Anti-Profiteering (DGAP).3. Examination of GST rate reduction and its impact.4. Determination and quantification of profiteering.5. Compliance with Section 171 of the CGST Act, 2017.6. Directions for depositing the profiteered amount.7. Imposition of penalty under Section 171 (3A) of the CGST Act, 2017.Detailed Analysis:1. Allegation of Profiteering by the Respondent:The case originated from an application alleging that the Respondent did not pass on the benefit of GST rate reduction on 'Services by way of admission to exhibition of cinematograph films' from 18% to 12%, effective from 01.01.2019.2. Investigation by the Director-General of Anti-Profiteering (DGAP):The DGAP conducted a detailed investigation based on the reference from the Standing Committee on Anti-profiteering. Despite multiple notices and summons, the Respondent did not submit the requisite documents or respond to the investigation. The investigation covered the period from 01.01.2019 to 30.06.2019.3. Examination of GST Rate Reduction and Its Impact:The DGAP examined whether the GST rate reduction from 18% to 12% for admission tickets priced at Rs. 100 or less was passed on to the recipients. It was found that the Respondent increased the base prices of tickets instead of reducing the final prices commensurately with the tax rate reduction.4. Determination and Quantification of Profiteering:The DGAP's analysis revealed that the Respondent increased the base prices of admission tickets in two categories: Emerald Circle and Dress Circle. The total profiteered amount was calculated to be Rs. 5,31,625/-. The DGAP provided detailed tables illustrating the price changes and the resultant profiteering.5. Compliance with Section 171 of the CGST Act, 2017:Section 171 mandates that any reduction in the tax rate must be passed on to the recipients by a commensurate reduction in prices. The investigation concluded that the Respondent violated this provision by not reducing the ticket prices accordingly.6. Directions for Depositing the Profiteered Amount:The Respondent was directed to deposit the profiteered amount of Rs. 5,31,625/- along with interest at 18% into the Central Consumer Welfare Fund (CWF) and the Telangana State CWF in equal parts. This amount must be deposited within three months from the date of the order.7. Imposition of Penalty under Section 171 (3A) of the CGST Act, 2017:Although the Respondent was found to have committed an offence under Section 171 (1), the penalty under Section 171 (3A) could not be imposed retrospectively as it was effective from 01.01.2020, while the violation occurred between 01.01.2019 and 30.06.2019.Conclusion:The Authority concluded that the Respondent contravened Section 171 (1) of the CGST Act, 2017 by not passing on the benefit of GST rate reduction to the recipients. The Respondent was ordered to deposit the profiteered amount with interest into the respective Consumer Welfare Funds and ensure compliance within the stipulated period. The Commissioners of CGST/SGST Telangana were directed to monitor the compliance and submit a report within four months.
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