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GST - Highlights / Catch Notes

Home Highlights December 2023 Year 2023 This

Profiteering - flat bought in the Respondent's project - The ...


Real Estate Developer Directed to Refund Profits from GST Misapplication on 85 Units, Including Affordable Housing Sales.

December 5, 2023

Case Laws     GST     CCI

Profiteering - flat bought in the Respondent's project - The Respondent had sold 85 units before receipt of Occupancy Certificate out of which 32 units were in affordable category on which he had charged 8% GST (after 1/3 abatement towards land) remaining 53 units were other than affordable category on which GST was charged @12% (after 1/3rd abatement towards land). Out of the 85 units, 33 units were sold Post-GST and prices were negotiated after ITC adjustments. Hence, there were only 52 units in respect of which benefit of ITC was required to be passed on. - The profiteered amount directed to be refunded - CCI

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