Excess GST realisation alone cannot establish apartment-sale profiteering where no GST rate reduction or input tax credit benefit exists.
Case-Laws
GST
Anti-profiteering under section 171 of the CGST Act requires a benefit arising from a GST rate reduction or additional input tax credit to be passed to recipients through a commensurate price reduction. For affordable apartments launched and booked after GST commenced, the agreed price already reflected applicable GST rates and no pre-GST CENVAT credit was available for comparison with post-GST input tax credit. Differential GST realisation from purchasers does not constitute a saving or profiteering benefit under section 171. A profiteering computation founded on alleged excess GST recovery was therefore rejected, as recovery of excess GST falls outside the Tribunal's jurisdiction; the excess amount was to be refunded in accordance with law.
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