No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued Issue Whether the real estate developer engaged in anti-profiteering under Section 171 of the CGST/DGST Act, 2017, by failing to pass on benefits of additional Input Tax Credit (ITC) to homebuyers upon the transition to the GST regime. Facts The… Read More »
No Contravention Holds as Developer Passed Recomputed Additional ITC Benefits to Buyers Exceeding Profiteered Amount Issue Whether the developer contravened Section 171 of the CGST/DGST Act, 2017, after DGAP re-computed the additional Input Tax Credit (ITC) benefit following directions from the Appellate Tribunal (GSTAT). Facts A homebuyer of a Tower-1 unit filed a complaint alleging… Read More »
No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued No Anti-Profiteering Holds as Post-GST Input Tax Credit Ratio Declined and No Additional Credit Accrued Issue Whether the builder-respondent indulged in profiteering under Section 171 of the CGST/MGST Act, 2017, by failing to pass on benefits of additional Input Tax… Read More »
No Additional ITC Accrued Post-GST for Construction Project, So Anti-Profiteering Proceedings Were Properly Closed No Additional ITC Accrued Post-GST for Construction Project, So Anti-Profiteering Proceedings Were Properly Closed Issue Whether the developer/respondent committed profiteering under Section 171 of the CGST/MGST Act, 2017 in respect of the construction project ‘Madhu Vasant CHS Ltd.’ during the period… Read More »
Appellate Appeals Against Refund Rejection Orders Under Section 142(3) Lie Before CESTAT, Not GSTAT Appellate Appeals Against Refund Rejection Orders Under Section 142(3) Lie Before CESTAT, Not GSTAT Issue Whether the Goods and Services Tax Appellate Tribunal (GSTAT) has jurisdiction under Section 112 of the CGST Act, 2017 to entertain an appeal against a refund… Read More »
Homebuyers entitled to full refund of profiteered ITC and extra GST with interest without inter-buyer set-off Issue Whether homebuyers who booked units post-June 30, 2018 (post-GST) can be excluded from anti-profiteering calculations under Section 171. Whether the profiteered amount should be deposited in the Consumer Welfare Fund (CWF) or refunded directly to identified homebuyers. Whether… Read More »
Exceptions to monetary limits in CBDT Letter dated 20-8-2018 do not apply retrospectively to pending appeals Issue Whether the exceptions introduced by the CBDT letter dated 20-8-2018 modifying Circular No. 3/2018 dated 11-7-2018 apply retrospectively to pending Revenue appeals filed under section 260A before 20-8-2018. Whether a Revenue appeal filed prior to 20-8-2018 with a… Read More »
Transitional credit under GST cannot be denied by reassessing admissibility under repealed laws. Issue Jurisdiction over Erstwhile Credits: Whether GST authorities have the jurisdiction to test the admissibility of CENVAT/VAT closing balances shown in pre-GST returns under GST transitional provisions (Section 140) rather than under repealed laws via Section 174 savings provisions. Reassessment via TRAN-1… Read More »
Project completion occurs on actual OC grant date, necessitating anti-profiteering refund until OC issuance. Project completion occurs on actual OC grant date, necessitating anti-profiteering refund until OC issuance. Issue Whether anti-profiteering provisions apply to a real estate project up to the actual grant date of the Occupancy Certificate (OC), and whether the builder is liable… Read More »
Anti-Profiteering Reports Must Factor In Market Dynamics and Raw Material Cost Variations, Requiring De Novo Reinvestigation Issue Whether the DGAP’s profiteering computation can be accepted when it fails to evaluate market dynamics and raw-material cost increases, and whether a comprehensive de novo reinvestigation is required when fundamental product verifications are absent. Facts Proceedings were initiated… Read More »