Developer Liable to Refund Profiteered Amount With Interest for Not Passing On Additional ITC Benefit Issue Whether the respondent developer is liable for anti-profiteering action under Section 171 of the CGST Act for failing to pass on the benefit of additional Input Tax Credit (ITC) to residential homebuyers through a commensurate reduction in flat prices.… Read More »
Anti-Profiteering Provisions Mandate Passing of Transitional ITC Benefits but Exclude Default Allotment Cancellation Interest Claims Issue Whether a real estate developer is liable for anti-profiteering actions for failing to pass on transitional Input Tax Credit (ITC) benefits to pre-GST homebuyers, and whether the anti-profiteering jurisdiction extends to deciding interest claims on refunds arising from the… Read More »
Cinema operator ordered to deposit profiteered amount into consumer funds for withholding GST rate reduction. Issue Whether the respondent failed to pass on the benefit of a GST rate reduction from 18% to 12% on cinema admission tickets by commensurately reducing ticket prices, and whether its unilateral increase in the base price of the tickets… Read More »
Anti-profiteering probes can expand to a PAN-India level based on data trends, surviving authority transitions and directory timelines. Issue Whether the National Anti-Profiteering Authority (NAA) and the Directorate General of Anti-Profiteering (DGAP) have the jurisdiction under Rule 133 to expand an investigation to a PAN-India level across all products/customers beyond the localized scope of the… Read More »
A business cannot absorb a GST rate cut into its profit margins by increasing base prices; any tax reduction must be commensurately passed on to consumers. Issue Whether a cinema theater operator is legally justified in maintaining the same retail (cum-tax) ticket prices after a GST rate reduction by increasing its base prices, and whether… Read More »