No profiteering if ITC availed in post-GST period is low in comparison to pre-GST period

Paramjeet Rathee Vs Supertech Limited (NAA) The Applicant No. 1 has further contended that while calculating profiteering, the DGAP has not considered the type of sale consideration i.e. Subvention Plan or CLP Plan, pre-­GST impact of ITC on cost, Cost Sheet Proforma for Goods/Services pre-GST and post-GST, Summary of purchased materials/imputs versus Construction Stages and the Project report submitted to RERA. The above claim of the Applicant is not sustainable because to determine the quantum of profiteering, the ratio of ITC to the turnover during the pre­-GST (April-2016 to June-2017) a...