Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
In real estate anti-profiteering analysis, the governing approach is to test project-level GST savings by comparing credit availed to purchase value in the pre-GST and post-GST periods. Applying that method, the Tribunal accepted the DGAP's use of purchase-value ratios, excluded reversed credit and units outside the relevant pre-occupancy sale pool, and held that no additional benefit had accrued to the developer. It also accepted that ledger adjustments could evidence passing on of input tax credit, and that the EPC contractor was not the supplier to homebuyers. The objections to methodology, verification, and alleged inconsistency were rejected, and no contravention of Section 171 was found.
In real estate anti-profiteering analysis, the governing approach is to test project-level GST savings by comparing credit availed to purchase value in the pre-GST and post-GST periods. Applying that method, the Tribunal accepted the DGAP's use of purchase-value ratios, excluded reversed credit and units outside the relevant pre-occupancy sale pool, and held that no additional benefit had accrued to the developer. It also accepted that ledger adjustments could evidence passing on of input tax credit, and that the EPC contractor was not the supplier to homebuyers. The objections to methodology, verification, and alleged inconsistency were rejected, and no contravention of Section 171 was found.
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