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    <title>2026 (5) TMI 1351 - GSTAT NEW DELHI-[PB]</title>
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    <description>The anti-profiteering referral timeline under Rule 128 was treated as directory, so delay in the Standing Committee&#039;s reference did not vitiate the proceedings. The profiteered amount was held to include GST collected on the higher realization from homebuyers, because restitution had to restore buyers to the position they would have occupied had the ITC benefit been passed on timely. Interest at 18% per annum was held recoverable from each date of excess collection until refund, and penalty under Section 171(3A) was attracted for contravention continuing after 01.01.2020, subject to the statutory proviso on timely deposit.</description>
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      <description>The anti-profiteering referral timeline under Rule 128 was treated as directory, so delay in the Standing Committee&#039;s reference did not vitiate the proceedings. The profiteered amount was held to include GST collected on the higher realization from homebuyers, because restitution had to restore buyers to the position they would have occupied had the ITC benefit been passed on timely. Interest at 18% per annum was held recoverable from each date of excess collection until refund, and penalty under Section 171(3A) was attracted for contravention continuing after 01.01.2020, subject to the statutory proviso on timely deposit.</description>
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