GSTAT upholds anti profiteering order on unpassed ITC

The Goods and Services Tax Appellate Tribunal (GSTAT), Principal Bench, New Delhi, accepted the DGAP's investigation report and confirmed that the respondent builder had failed to pass on the benefit of additional ITC to homebuyers in violation of Section 171 of the CGST Act. 

Applying the methodology approved by the Delhi High Court in Reckitt Benckiser India Pvt. Ltd., the Tribunal directed refund of the remaining profiteered amount of ₹11.13 lakh, inclusive of GST, to 149 eligible homebuyers along with interest at 18% per annum.