2026-VIL-53-GSTAT-DEL-NAPA
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  2. 2026-VIL-53-GSTAT-DEL-NAPA

SGST Tribunal

GST – Real Estate Housing Project - Anti-profiteering complainant alleged that the Respondent had failed to pass on the benefit of Input Tax Credit by way of commensurate reduction in price in contravention of Section 171 of the CGST Act, 2017 – HELD - Upon examination of the DGAP Report, it is observed that the ratio of ITC availed to the purchase value decreased from 8.26% during the pre-GST period to 7.87% during the post-GST period. Thus, no additional benefit of ITC accrued to the Respondent upon implementation of GST - The Respondent has undertaken multiple projects, and its returns and financial statements contain consolidated figures for all such projects. As per the DGAP report and clarification, the, project-wise bifurcation was not feasible. Accordingly, the investigation has been based on the duly CA-certified data submitted by the Respondent - As per the records, the Respondent had availed VAT credit as transitional SGST credit and passed on the corresponding benefit to the eligible purchasers in accordance with Maharashtra Trade Circular No. 18T of 2017. However, in the case of the Applicant, the agreement was executed and registered after the implementation of GST. Accordingly, VAT was collected only on the pre-GST advance, which was duly deposited with the VAT Department. Therefore, no VAT credit had accrued to the Respondent in respect of the Applicant’s transaction and, consequently, no corresponding benefit was available for passing on to the Applicant - The Report submitted by the DGAP is accepted and the present proceedings are disposed of
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