GSTAT New Delhi
DGAP, DG Anti Profiteering, Director General of Anti-Profiteering v. Sane Retails (P.) Ltd
Where respondent credited Electronic Gift Voucher amounts equivalent to GST rate cut differential directly to customer wallets without expiry or category restriction in respect of MI LED Television, such unconditional, traceable EGVs constituted valid and effective mode of passing on benefit under Section 171, as anti-profiteering law does not mandate any specific mechanism for benefit transmission, making DGAP objections unsustainable GST: Where complaint alleged non-passing of GST rate cut on LED TVs and respondent credited equivalent benefit to identified customers' e-wallets based on rate reduction, supported by order and invoice traceability, mere system description like ‘Offers and cashback’ did not negate that credits matched required benefit, thus substance over form was applied and anti-profiteering compliance was found adequate GST: Where customers received EGVs representing monetary value equal to profiteered amounts on purchase of LED televisions, which were not conditional, time-bound or restricted in use, and substantial wallet credits were actually utilised while remaining credits remained freely available, benefit of GST rate cut was genuinely and unconditionally passed to recipients, rendering DGAP contention of non-passing meritless GST: Where respondent, found to have profiteered on sale of specific television models, furnished credit notes for cancellations and distributed EGVs covering most affected customers, unresolved residue of Rs.…