GSTAT Upholds Anti-Profiteering Demand as ITC Benefit Was Not Passed to Homebuyers

DG Anti Profiteering Vs Siddha Infradev LLP (GSTAT) The proceedings arose from a complaint filed under Rule 128 of the CGST Rules, 2017 alleging profiteering by a real estate developer in relation to a residential flat purchased in the “Siddha Sky” project in Kolkata. The complainants alleged that the developer failed to pass on the benefit of additional Input Tax Credit (ITC) after implementation of GST, despite charging GST at the effective rate of 12%, thereby violating Section 171 of the CGST Act, 2017. The Standing Committee on Anti-Profiteering referred the matter to the Director Gen...