Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
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Whether respondent violated Section 171 by not passing on GST rate reduction: Section 171 requires commensurate reduction in the all-inclusive price and state cinema regulatory ceilings or tariffs cannot justify retaining tax benefit; finding: respondent contravened Section 171 and profiteered Rs. 11,88,482 (outcome). Whether remittance of GST to the exchequer negates profiteering: statutory scheme treats consumer detriment as the test regardless of remittance; finding: GST remitted does not excuse non-passing and is included in profiteered amount (outcome). Interest and penalty: interest limited prospectively to 28.06.2019-30.06.2019 and waived in discretion; no penalty under Section 171(3A) as provision post-dates violation period (outcome). - AT
Whether respondent violated Section 171 by not passing on GST rate reduction: Section 171 requires commensurate reduction in the all-inclusive price and state cinema regulatory ceilings or tariffs cannot justify retaining tax benefit; finding: respondent contravened Section 171 and profiteered Rs. 11,88,482 (outcome). Whether remittance of GST to the exchequer negates profiteering: statutory scheme treats consumer detriment as the test regardless of remittance; finding: GST remitted does not excuse non-passing and is included in profiteered amount (outcome). Interest and penalty: interest limited prospectively to 28.06.2019-30.06.2019 and waived in discretion; no penalty under Section 171(3A) as provision post-dates violation period (outcome). - AT
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