Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
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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