NAA: Directs Subway Franchisee to refund profiteered amount, benefit cannot be passed as per own convenience

NAA upholds profiteering against the Respondent operating a Restaurant as a Franchisee of M/s Subway India Pvt Ltd. alleging that it denied the benefit of tax reduction from 18% to 5% (without benefit of ITC) w.e.f. November 15, 2017 issued vide Notification No. 46/2017-Central Tax (Rate); Comparing the average selling prices of 351 items sold by Respondent before the issuance of said Notification with the actual selling prices post rate reduction, observes that the base pric...