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    Temporary GST portal access must enable electronic statutory appeals; authority expected to decide the ID application within 30 days.
    Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
    Condonation of delay in GST appeals enabled restoration for merits adjudication despite objections over statutory authority to condone.
    Additional input tax credit benefits passed beyond the required level prevented a profiteering finding for pre-GST homebuyers.
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    Section 87A rebate on short-term capital gains remains available for eligible taxpayers under the unamended law for AY 2024-25.
    Supplier tax payment remains a valid condition for Input Tax Credit, despite a purchasing dealer's asserted bona fides.
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      Profiteering - Construction services - allegation is that the...

      Construction Firm Fails to Pass Input Tax Credit Benefits to All Flat Buyers, DGAP Investigation Reveals Profiteering Issues.

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      GSTAugust 17, 2022Case LawsNAPA
      Profiteering - Construction services - allegation is that the benefit of ITC not passed to customers/flat buyers/recipients, by way of commensurate reduction in the price - As such, the excess of the ITC benefit provided to some of the homebuyers/customers cannot be offset against others to whom less ITC benefit has been provided or no benefit have been provided at all. The Authority finds that the verification as done by the DGAP in terms of this Authority’s Order No. 01/2021 dated 16.03.2021 does not substantiate the submissions and contentions of the Respondent that they have passed on the profiteered amount along with interest to each recipient of supply. - NAPA

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      ActsIncome Tax