L’oreal India Private Limited deposits 80 crores before Supreme Court challenging Delhi High Court decision

Supreme Court

The Supreme of India has seen 80 crore deposit from L’oreal India Private Limited in the matter challenging the Delhi High court order whereby the court directed Loreal to deposit the principal profiteered amount after deducting the GST imposed on the net profiteered amount in 6 equal instalments.
The bench of Justice Sanjiv Khanna and  Justice M.M. Sundresh shall be  hearing the matter in the month of September 2023.before which the parties are directed to file their reply.

The Apex Court had earlier put a stay on the Delhi high court order directing Loreal to deposit 80 crores within 60 days.
As per the order, there was an increase in customs duty to the extent of Rs. 16.26 crores and an increase in additional grammage to the extent of Rs. 22.85 crores.

The matter is still lying pending before the bench of Hon’ble Mr. Justice Manmohan and Hon’ble Mr. Justice Dinesh Kumar Sharma, Delhi High Court and listed next on 1st of May, 2023.

In the petition,it is contended that the National Anti-Profiteering Authority (NAA) has no suo Motu powers and therefore, the application filed by the Secretary, NAA, to the Standing Committee seeking initiation of proceedings under Section 171, is not a valid initiation of proceedings against the petitioner for examining whether there is any profiteering or not.
It was also said the post sale discount of Rs. 73.59 crores was given by L’Oréal, so ideally this amount should be reduced from the total profiteered sum.

“Section 171 of the CGST Act, 2017 casts an obligation of every supplier of goods and services/registered person to pass on the benefit of rate reduction of GST or the benefit of ITC on every supply and not on some supplies.

The Court added that a supplier cannot claim that he has passed on more benefit to one customer so he could pass less or no benefit to another customer than the benefit which is actually due to that customer.

The court further clarified that when a statute clearly provides for a manner in which something is to be done, it becomes the duty of the supplier to extend the benefit of rate reduction by way of commensurate reduction in prices, the supplier cannot insist that instead of reducing prices, he will give extra grammage of the product.”

The post L’oreal India Private Limited deposits 80 crores before Supreme Court challenging Delhi High Court decision appeared first on India Legal.



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