TATA PLAY LTD. v. UNION OF INDIA THROUGH ITS SECRETARY & ORS.
High Court, Delhi
Prathiba M. Singh, Justice & Shail Jain, Justice
TATA PLAY LTD.
v.
UNION OF INDIA THROUGH ITS SECRETARY & ORS.
W.P.(C) 14422/2022 & CM APPL. 44020/2022 & W.P.(C) 8705/2022 & CM APPL. 26239/2022 dated 23.09.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Relevant Section : Section 171
Rule Number : Rules 126, 127, 128, 129, 133 & 137
Rule Name : Central Goods & Services Tax Rules, 2017
Notification/Circular : Notification No. 23/2022-Central Tax dated 23.11.2022, Notification No. 18/2024-Central Tax dated 30.09.2024, Notification No. 19/2024– Central Tax dated 30.09.2024
Decision : In favour of assessee
Anti-profiteering – Constitutional validity of Section 171 of CGST Act, 2017 and Rules 126, 127, 128, 129, 133 & 137 of CGST Rules, 2017 – Petitioner failed to pass on benefit of ITC to consumers – Petitioner contended GST rate on DTH services increased from 15% to 18% and no benefit arose to be passed on – Court noted constitutional validity of Section 171 and Rules already upheld in Reckitt Benckiser India Pvt. Ltd. – NAPA’s functions transferred to Principal Bench of GST Appellate Tribunal under Notification No.18/2024 dated 30.09.2024 – Held: Writ petitions disposed – Order set aside – Question of profiteering requires factual re-examination – Matter remanded to principal bench of GST Appellate Tribunal for fresh adjudication on 14.10.2025 – Challenge to SCN rendered infructuous.
Represented By:
Continue Reading...
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
This is only a preview of the article. The complete article contains detailed analysis, examples, notifications, circulars, case laws, interpretations and practical guidance available to premium members.
🔒 Premium Content
Subscribe to access complete articles, notifications, circulars, case laws, downloads, videos and premium resources.
Become Premium Member