Hardcastle Restaurants Pvt. Ltd. Vs Union of India

Date: October 1, 2019

Court: High Court
Bench: Bombay
Type: Writ Petition
Judge(s)/Member(s): Sanklecha, Nitin Jamdar
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Subject Matter

NAA’s ruling against Franchisee of McDonalds set aside for violation of principles of natural justice

Anti-Profiteering

Summary

When the three members of the Authority had heard the Petitioner and participated in the entire hearing, the collectively signed decision, when the fourth member joined only for signing the order has resulted in violation of the principles of natural…

2. The Goods and Service Tax regime was introduced in the year 2017. Thereafter tax rates for certain items were reduced. The State noticed that the benefit of reduced tax rates was not being passed on to the consumers. For this purpose, the National Anti-profiteering Authority is constituted under section 171 of the Goods and Services Tax Act. The Authority can direct the registered persons to pa…

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