Profiteering and input tax credit pass-through in real estate: post-GST ITC considered and no profiteering relief granted to buyer

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....The article addresses profiteering and computation of profiteering focusing on pass-through of input tax credit (ITC) where the flat was booked post-GST. Applying judicial guidance, the DGAP examined ITC availed and pre- and post-GST purchase values and concluded no contravention of section 171 of the Central Goods and Services Act, 2017, because the price was set after ITC availability and no enforceable right arose for the purchaser merely from a seller's confirmation to pass on ITC; the applicant's objections were examined and rejected as without merit.....