Functional comparability under TNMM: broadcasters excluded, software distributors included, and no separate interest on receivables after working capi...
Anti-profiteering on cinema tickets required the supplier to pass on GST rate reduction through a commensurate reduction in ticket prices, and the burden to justify any higher pricing lay on the supplier. The Tribunal rejected the defence based on licensing control because no contemporaneous material showed any request, permission, or order for the relevant period, and the respondent's explanations were contradictory. As the DGAP methodology and calculations were not disputed, the profiteering computation was accepted and the amount for 01.01.2019 to 30.06.2019 was held recoverable with interest. Because the recipients were not identifiable, the amount had to be deposited in the Consumer Welfare Funds, and penalty was declined since the penal provision applied only prospectively from 01.01.2020.
Anti-profiteering on cinema tickets required the supplier to pass on GST rate reduction through a commensurate reduction in ticket prices, and the burden to justify any higher pricing lay on the supplier. The Tribunal rejected the defence based on licensing control because no contemporaneous material showed any request, permission, or order for the relevant period, and the respondent's explanations were contradictory. As the DGAP methodology and calculations were not disputed, the profiteering computation was accepted and the amount for 01.01.2019 to 30.06.2019 was held recoverable with interest. Because the recipients were not identifiable, the amount had to be deposited in the Consumer Welfare Funds, and penalty was declined since the penal provision applied only prospectively from 01.01.2020.
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