Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
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Profiteering under the GST regime was found where the Respondent accepted the DGAP-calculated excess and complainants withdrew complaints; the Tribunal directs the Respondent to pass on the profiteered amount of Rs.98,72,474 to homebuyers and to pay applicable interest under Rule 133(3)(b) of the CGST Rules, 2017, with compliance reporting to the jurisdictional CGST/SGST Commissioner and DGAP within prescribed timelines. The Tribunal also holds that penalty under the post 2020 penalty provision applies because the contravention period spans 01.07.2017 to 31.03.2024, making penalty leviable under the applicable statutory provision for profiteering.
Profiteering under the GST regime was found where the Respondent accepted the DGAP-calculated excess and complainants withdrew complaints; the Tribunal directs the Respondent to pass on the profiteered amount of Rs.98,72,474 to homebuyers and to pay applicable interest under Rule 133(3)(b) of the CGST Rules, 2017, with compliance reporting to the jurisdictional CGST/SGST Commissioner and DGAP within prescribed timelines. The Tribunal also holds that penalty under the post 2020 penalty provision applies because the contravention period spans 01.07.2017 to 31.03.2024, making penalty leviable under the applicable statutory provision for profiteering.
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