Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.
Case-Laws
GST
Pending real-estate anti-profiteering investigations may be remanded for fresh project-level computation of input-tax-credit savings and allocation by total area where the earlier methodology is legally unsustainable. A fresh Standing Committee reference is unnecessary where the original reference remains alive and the DGAP acts under remand. The investigation-report time limit is directory, particularly where delayed records caused the delay, and notice, disclosure of the fresh report and opportunity for objections satisfy natural justice. Input-tax-credit benefit must be actually passed to homebuyers through commensurate price reduction; unpassed benefit is refundable with interest proportionate to sold area. A penalty provision does not apply where the entire contravention ended before its commencement.
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