Composite GST notices, mandatory limitation, and same-subject bar: HC upheld valid notices but quashed overlapping proceedings and unauthorised withho...
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.
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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