Goods and Services Tax : Even after the sunset clause, anti-profiteering obligations continue through tribunals and policy directions, leaving businesses e...
Goods and Services Tax : The Delhi High Court upheld an anti-profiteering order, ruling that merely increasing product quantity or volume after a GST rate ...
Goods and Services Tax : GSTAT ruled 18% interest on GST anti-profiteering amounts applies prospectively from April 1, 2020, upholding that it cannot be im...
Goods and Services Tax : Delhi HC rules increasing product quantity or base price instead of reducing MRP after a GST rate cut violates Section 171 of the ...
Goods and Services Tax : GST 2.0 rate cuts trigger Anti-Profiteering rules (Sec 171). Summary covers obligation to pass on tax/ITC benefit, MRP display nor...
Goods and Services Tax : Leading consumer and public policy research and advocacy group, CUTS International has requested the Finance Minister, Ms Nirmala ...
Goods and Services Tax : Empanelment of Advocates / Law Firms for representing the National Anti-profiteering Authority and Director General of Anti-Profit...
Goods and Services Tax : Anti-Profiteering Measures The National Anti-Profiteering Authority (NAA) was constituted on 28th November, 2017 under Section 17...
Goods and Services Tax : GSTAT directed the DGAP to re-examine the profiteering computation after questions were raised about ignored cost increases, negat...
Goods and Services Tax : GSTAT concluded that elimination of entertainment tax and other levies reduced the effective tax incidence, requiring suppliers to...
Goods and Services Tax : The Tribunal found merit in the respondent’s argument that ITC comparison should be based on identical goods and services and di...
Goods and Services Tax : GSTAT held that although profiteering of ₹1.70 crore was computed, the developer had passed on ₹2.02 crore to home-buyers. Wit...
Goods and Services Tax : The Tribunal accepted the DGAP report finding no extra ITC benefit after GST implementation and held that Section 171 was not viol...
Goods and Services Tax : GST Authority will stop accepting requests for examination of input tax credits and tax rate reductions from April 1, 2025, as per...
Goods and Services Tax : Ministry of Finance empowers GST Appellate Tribunal to examine input tax credits and tax rate reductions, effective from October 1...
Goods and Services Tax : Central Goods and Services Tax (Fourth Amendment) Rules, 2022 – CBIC omitted following GST Rules 122,124,125,134 and 137 vi...
Goods and Services Tax : CBIC notifies Competition Commission of India to examine whether input tax credits availed by any registered person or the reducti...
GSTAT held that claims of increased royalty, rent, and commissions were unsupported by cogent evidence. The supplier failed to rebut the presumption that GST rate reduction must result in commensurate price cuts.
The Tribunal accepted DGAP findings that total profiteering was ₹5.20 crore, though ₹6.63 crore had already been passed on. Only ₹5.80 lakh remains payable to certain buyers.
The GSTAT found that ITC reversal claimed by the developer was not factored into the original computation. The matter was remanded for verification and submission of a revised report.
The anti-profiteering investigation calculated profiteering due to enhanced ITC under GST. As the developer passed on the full benefit, including disputed sums with interest, the Tribunal disposed of the proceedings.
The Tribunal held that the contractor failed to fully pass on GST input tax credit benefits under Section 171. It directed refund of ₹9.36 lakh proportionate amount with interest for completed work.
Pursuant to High Court observations and fresh investigation, GSTAT held that the developer did not gain additional ITC benefit warranting price reduction.
GSTAT held that proceedings under Section 74 could not be sustained in absence of fraud or suppression and remanded the matter for fresh determination under Section 73 by the Proper Officer.
DG Anti Profiteering Vs Mantri Castles Private Limited (GSTAT) The proceedings arose from a reference received from the Standing Committee on 30.05.2022 to investigate an application alleging profiteering in respect of construction services supplied for the project “Mantri Serenity” at Bangalore. The allegation concerned non-passing of benefit under Section 171 of the CGST Act. The […]
The appellate authority sent the matter back for re-investigation after the developer claimed that a higher benefit than alleged profiteering was already passed to buyers. The key takeaway is that factual verification of claimed price reductions is essential before confirming profiteering.
The Tribunal held that where the input tax credit ratio reduced in the post-GST period, no additional benefit accrued to the developer. Consequently, no profiteering under Section 171 was established.
