Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
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.
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4886 
