NAA holds McDonald's franchisee Hardcastle Restaurants Guilty of Profiteering
Last updated: 22 December 2020
Court :
NAA (National Anti-Profiteering Authority)
Brief :
The Hon'ble National Anti-Profiteering Authority (NAA), in the case of DGAP vs. Hardcastle Restaurants [Case No. 79/2020 datedDecember 9, 2020] held that, the Hardcastle Restaurants ("Respondent") has committed an offence by denying the benefit of rate reduction to the buyers of his products in contravention of the provisions of Section 171(1) of the Central Goods & Services Tax Act, 2017 ("CGST Act") during the period from November 15, 2017 to January 31, 2018 and has thus resorted to profiteering amounting to Rs. ₹ 7,49,27,786/-. However, penalty under Section 171(3A) of the CGST Act cannot be imposed as Section 171(3A) ibid came into effect only on January 01, 2020 and the same cannot be applied retrospectively.
Citation :
[Case No. 79/2020 datedDecember 9, 2020
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Bimal Jain
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