GST can’t be demanded if a flat price is advertised and sold as inclusive of GST

D.Hamsa Sundaramoorthy Vs Managing Director (Madras High Court)

The Hon’ble Madras High Court in the case of D. Hamsa Sundaramoorthy & Ors. v. The Managing Director, Tamil Nadu Housing Board & Ors. [W.P. Nos. 33993 & Ors. of 2024 dated June 02, 2025] held that where the flat price was expressly advertised as “inclusive of GST”, Tamil Nadu Housing Board could not thereafter demand an additional 5% GST from the allottees.

Facts:

The Petitioners (“the Petitioners”), being allottees o

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