Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
The AT affirmed that, following review of the DGAP report and hearing, no reduction in GST rate nor accrual of benefit from Input Tax Credit arose in respect of the respondent's projects "Gurgaon Hills" and "Grand Hyatt Gurgaon Residences," and therefore no anti-profiteering liability under Section 171 of the CGST Act, 2017 attached. Consequently, the AT held that the statutory requirement to pass on benefit of rate reduction or ITC was not triggered and ordered disposal of the proceedings against the respondent. The AT directed supply of the order to the respondent and the concerned Commissioner CGST/SGST for administrative action.
The AT affirmed that, following review of the DGAP report and hearing, no reduction in GST rate nor accrual of benefit from Input Tax Credit arose in respect of the respondent's projects "Gurgaon Hills" and "Grand Hyatt Gurgaon Residences," and therefore no anti-profiteering liability under Section 171 of the CGST Act, 2017 attached. Consequently, the AT held that the statutory requirement to pass on benefit of rate reduction or ITC was not triggered and ordered disposal of the proceedings against the respondent. The AT directed supply of the order to the respondent and the concerned Commissioner CGST/SGST for administrative action.
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