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No Profiteering Found Where Housing Project Is Fully Post-GST: GSTAT

Case Law Details

TaxGuru Citation
2026 taxguru.in 1166
Case Name
DGAP Vs Pyramid Infratech Pvt. Ltd (GSTAT)
Date of Judgement/Order
Only available for paid members
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DGAP Vs Pyramid Infratech Pvt. Ltd (GSTAT)

The matter was heard in physical mode before the Goods and Services Tax Appellate Tribunal. The proceedings arose from a reference received on 23.08.2025 from the Standing Committee on Anti-profiteering, recommending a detailed investigation under Rule 128 of the Central Goods and Services Tax Rules, 2017. The reference was based on an application filed by an individual homebuyer alleging profiteering in a residential real estate project.

The allegation related to construction services supplied in the project “Urban-67A” situated at Sector-67A, Gurugram. The applicant stated that he had booked a flat in the project in the year 2019 and alleged that the benefit of Input Tax Credit (ITC) was not passed on to him by way of commensurate reduction in price, in violation of Section 171 of the CGST Act, 2017.

Upon receipt of the reference, the Director General of Anti-Profiteering (DGAP) issued a notice dated 30.08.2024 under Rule 129 of the Rules, calling upon the respondent to submit its reply and supporting documents, including details on whether ITC benefits had been passed on. The respondent was also given an opportunity to inspect non-confidential documents submitted by the applicant during 17.09.2024 to 18.09.2024, which was not availed.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,699

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