DG Anti Profiteering Vs Merit Magnum Construction
Date: July 16, 2026
Subject Matter
Real Estate Developer Must Refund Profiteered ITC with Interest; Penalty Not Applicable Prior to 2020 Amendment
Summary
The Appellate Tribunal allowed the application, holding that the real estate builder contravened Section 171 of the CGST Act by failing to pass on the additional Input Tax Credit (ITC) benefit to homebuyers. The builder is directed to refund the prof…
FULL TEXT OF THE JUDGMENT/ORDER OF GSTAT HIGH COURT 1. The present proceedings arise from an application filed by Shri Sachin Kapure, acting on behalf of Shri Dilip Atmaram Kapure and Smt. Kavita Dilip Kapure (hereinafter referred to as “the Applicant” ), residents of B3/104, Lok Nisarg, Near Vaishali Nagar Depot, Ghati Pada, Mulund (West), Mumbai- 400080, before the Maharashtra State Screening Co…