Tax deduction compliance and payee income recognition govern consultancy disallowance, while no exempt income prevents related expenditure disallowanc...
Derivative abetment liability fails when correctly declared imported components establish no underlying improper importation by the principal importer...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
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The respondent commenced a real estate project "Swastik Heights" in the post-GST regime, with commencement certificate issued on 08.03.2018 and GST registration effective from 27.02.2018. Initially, GST was charged at 8% with input tax credit (ITC). From 01.04.2019, the respondent had the option to charge either 8% GST with ITC or 1% without ITC, but continued charging 8% with ITC. The Commission observed that since the project commenced in the post-GST period, there was no benefit of rate reduction or additional ITC compared to the pre-GST period that the respondent was obligated to pass on to buyers u/s 171(1) of the CGST Act, 2017. Consequently, the allegations of profiteering were found untenable, and proceedings were dropped.
The respondent commenced a real estate project "Swastik Heights" in the post-GST regime, with commencement certificate issued on 08.03.2018 and GST registration effective from 27.02.2018. Initially, GST was charged at 8% with input tax credit (ITC). From 01.04.2019, the respondent had the option to charge either 8% GST with ITC or 1% without ITC, but continued charging 8% with ITC. The Commission observed that since the project commenced in the post-GST period, there was no benefit of rate reduction or additional ITC compared to the pre-GST period that the respondent was obligated to pass on to buyers u/s 171(1) of the CGST Act, 2017. Consequently, the allegations of profiteering were found untenable, and proceedings were dropped.
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