The GST Appellate Tribunal held that the profiteering amount must exclude benefits already passed on to home buyers. The respondent was directed to refund the net amount with interest to eligible buyers within three months.
The tribunal accepted the investigation report finding no savings in pre- and post-GST credit ratios. With complainants settling disputes and withdrawing complaints, the proceedings were closed.
The GST Appellate Tribunal remanded the case to the DGAP after the respondent admitted that incorrect figures were earlier submitted. The Tribunal directed reinvestigation under Rule 133(4) without examining the merits.
The Tribunal accepted the anti-profiteering report after the respondent agreed to pay ₹67.02 crore to eligible homebuyers. The ruling directs payment within three months along with applicable interest, closing the dispute through an undertaking.
The Tribunal held that allegations of profiteering were not substantiated after detailed verification of records and returns. It concluded that GST liabilities were duly discharged and the complaint was liable to be dropped.
The tribunal remanded the matter after the respondent admitted incorrect figures were submitted earlier, directing reinvestigation so that profiteering is recalculated on correct data.
The tribunal held that failure to reduce ticket prices after a GST rate cut amounted to profiteering and upheld recovery of the excess amount. The ruling clarifies that tax benefits must be passed on through commensurate price reduction.
The tribunal accepted the DGAP report after the respondent agreed without objection to its findings. The ruling concludes the case with a direction to pass the remaining ITC benefit to eligible homebuyers.
GSTAT holds no profiteering under Section 171 CGST Act in IREO’s Skyon, Ireo City Central, and Managed Service Apartment projects as post-GST ITC benefit did not increase.
GSTAT ruled that no additional input tax credit benefit accrued to developer after GST implementation, leading to closure of anti-profiteering proceedings under Section 171 of CGST Act.
