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GST - Highlights / Catch Notes

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Profiteering - construction service - Respondent had not passed ...


Construction Firm Fails to Pass Input Tax Credit Benefits to Buyers; Profiteering Amount Set at Rs. 1,07,67,330.

August 8, 2022

Case Laws     GST     NAPA

Profiteering - construction service - Respondent had not passed on the benefit of Input Tax Credit (ITC) - The Authority finds that, had the Respondent excluded the land value from the demand raised to his buyers, the value of land would have been excluded from the preview of profiteering. Therefore, the Authority finds that the facts or the cases relied upon by the Respondent are different from the present case. Hence, the Authority finds that this contention of the Respondent regarding exclusion of land value being untenable cannot be accepted. - the Authority determines the profiteered amount for the period from 01.07.2017 to 30.09.2019, in the instant case, as Rs.1,07,67,330/- for the project 'MJR Clique Hydra'. - NAPA

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