GSTAT

GSTAT-Office Order No.2711-15 dt 20.01.26

Considering the difficulties being faced by the appellants in the initial phase for filing of appeals on the GSTAT Portal, the President is pleased to direct that, the Registry shall keep a lenient view during scrutiny of the appeal documents for an initial period of 6 months..

ArticleGST Article

State-fixed Cinema ticket caps do not absolve it of liability for not passing on GST rate reduction benefits to consumers

The GST Appellate Tribunal Delhi in the case of DGAP held that the respondent cinema’s reliance on state-fixed ticket caps does not absolve it of liability for not passing on GST rate reduction benefits to consumers, reaffirming that maintenance charges are also part of the taxable value. Profiteered sums and limited interest were directed to be deposited as per law.

ArticleGST Article

Claims and dues not included in the resolution plan approved by the NCLT stand extinguished

The GSTAT Delhi in the case of DGAP held that once a resolution plan is approved by the NCLT under the IBC, 2016, all claims and dues not included in the resolution plan stand extinguished, and consequently, the Resolution Applicant cannot be held liable for unquantified ITC benefits not passed on by the previous entity under Section 171 of the CGST Act, 2017. The anti-profiteering proceedings against Puma Realtors Pvt Ltd were therefore closed.

ArticleGST Article

18% Interest on GST Anti-Profiteering Amounts has only Prospective Operation w.e.f. April 1, 2020

The GST Appellate Tribunal (GSTAT) Delhi in DGAP , held that the provision for imposition of 18% interest on the anti-profiteering amount under Rule 133(3)(c) of the CGST Rules applies prospectively only to cases arising after June 28, 2019, and is not applicable retrospectively to profiteering occurring between July and October 2018; thus, while the profiteered amount of Rs. 6,88,770/- was confirmed, no interest or penalty was imposed.