In a case of Anti Profiteering against a builder, who is a respondent, enquiry is undergoing and is in final stage.GSTAT has written several letters and emaisl to the complainant customer, but they neither appeared in any heargin nor they responded to the letters or emails.
The Builder has passed on the benefit by reducing the price of the flat by charging the saleprice of the flat as inclusive GST, which was ought to be as per the agreeemnt to be exclusive GST, and has provided the copy of the tax invoice and agreeemnt and sale deeds as proof.
It has been alleged that no written consetn has been obtained from the all customers and also the complainant customer with regards to the benefit being passed on. Is there any recourse to it?? Any case law in favour of the builder?
ANTI PROFITEERING - COMPLAINANT NOT TURNING UP-BUILDER
NAMAN DOKANIA
Anti-profiteering compliance: builders should document price adjustments and invoices to demonstrate benefits passed to customers. Anti-profiteering enquiry concerns a builder who charged sale prices inclusive of GST despite agreements stating prices exclusive of GST, and who has produced agreements, sale deeds and tax invoices to show a price reduction. The key issue is whether documentary evidence and books can be correlated with a computation demonstrating the benefit was passed through to customers, while allegations about lack of written consent remain an evidentiary contention. (AI Summary)
TaxTMI
TaxTMI