GST DAILY – 217

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CCI instructed assessee to deposit the profiteered amount resulting from not passing benefit of GST rate reduction to the recipient

THE COMPETITION COMMISION OF INDIA IN THE CASE OF DIRECTOR GENERAL OF ANTI-PROFITEERING, C.B.I. & C. V/s SMOOKEY KITCHEN FOODS OPC PVT. LTD., decided on 30-11-2023

👉 THE COMPETITION COMMISION OF INDIA DECISION:-

✔️ Where GST rate of restaurant service supplied by assessee was reduced from 18 per cent to 5 per cent and assessee had not passed benefit of reduction in GST rate to recipients by way of commensurate reduction in price in terms of section 171, therefore assessee was directed to deposit profiteered amount in two equal part each in Central Welfare Fund and Uttar Pradesh State Welfare Fund along with interest at rate 18 per cent.

Section 171 read with Rule 133 of CGST