McDonald guilty for not passing GST rate reduction benefit to customers : NAA

McDonald guilty for not passing GST rate reduction benefit to customers : NAA

McDonald guilty for not passing GST rate reduction benefit to customers : NAA, NAA penalizes McDonald's Franchisee for not passing GST Rate

authorCA Deepak GuptadateNov 24, 2018
Last update on Nov 24, 2018

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McDonald guilty for not passing GST rate reduction benefit to customers : NAA |In this case the respondent, Hardcastle Restaurants, a franchisee of fast food chain operating restaurants under brand name 'McDonald'swas charging more price than that he could have charged.

McDonald guilty for not passing GST rate reduction benefit to customers : NAA

The respondent issued incorrect invoices and therefore was held guilty of profiteering and voilating provisions of section 171 of CGST Act 2017. The respondent consciously violatedprovisions of section 171 of CGST Act 2017 by issuing incorrect invoices in which base prices were increased exactly equal to amount of reduced tax and benefit of ITC was not passed to the customers. Thus the respondent has denied benefit of ITC and reduction in rate of tax granted vide Notification dated 14-11-2017 to his customers. Prices were increased arbitrarily without taking into account audited financial statements and solely with mala-fide intention of appropriating benefit which was to be passed on to general public. Accordingly, respondent has committed an offence under section 122(1)(I) of the CGST Act, 2017.
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