Additional input tax credit must reduce flat prices; pending anti-profiteering proceedings continue despite future-request restrictions or unstayed constitutional challenges.
Case-Laws
GST
Section 171(1) requires suppliers to pass additional input tax credit to recipients through a commensurate reduction in price. In a real-estate project, additional GST credit may be determined against available pre-GST credit using project records and apportioned by saleable area; failure to prove that the resulting benefit reached eligible homebuyers supports a finding of profiteering. A notification stopping acceptance of fresh anti-profiteering requests operates prospectively and does not, without express provision, terminate pending investigations or adjudications. The pendency of a constitutional challenge does not suspend application of the prevailing law unless a stay order covers the provision or proceedings. Applicable interest may accompany quantified benefit, while penalty depends on whether the penalty provision was in force during the contravention period.
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