GST: Delhi High Court stays payment against Starbucks only if principal Profiteered amount to tune of Rs.1.04 cr is paid [Read Order]

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The Delhi High Court stayed the payment against Starbucks only if principal profiteered to the tune of Rs.1.04 Crores is paid.

The appellant, Starbucks has been fined Rs 1.04 crore by the National Anti-Profiteering Authority (NAA) for not passing on good and services tax cut benefits on to consumers. The coffee chain has been ordered by the NAA to deposit the amount with 18 percent interest to central and state consumer welfare funds.

The appellant challenged the vires of Section 171 of the Central Goods and Services Act, 2017 and Rules 122, 126 and 133 of the Central Goods and Services Rules, 2017.

The coram consisting of Justice Rajiv Sahai Endlaw and Justice Sanjeev Narula while listing the matter on 15th February, 2021 said that subject to the petitioner depositing the entire principal profiteered amount i.e. Rs. 1,04,70,664 as levied excluding the GST amount already deposited, within four months, in equal monthly instalments, there shall be a stay, as far as the direction for payment is concerned.

“As far as the direction in the impugned order, for reduction of prices is concerned, it is deemed appropriate that the respondents file a reply to the application for interim relief. A separate date for hearing of CM No.3820/2021 qua the said direction, be sought on 15th  February, 2021; till then, there shall be stay of the said direction,” the court said.

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