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NAPA Favours Home Buyer Ordering Builders to Refund Excess GST

Refund Excess GST

The National Anti-Profiteering Authority (NAPA) took the decision in favour of home buyer and refused the behest of builder about the calculation of benefits on completion of the project. Believing all by themselves that the profits will be computed after finishing the project, the several builders have not been delegating the benefit on tax credit on inputs such as cement, steel, paints and sanitary-ware etc to the home buyers.

However, National Anti-Profiteering Authority (NAPA) has denied the calculation of profit at the time of completion of the project and has ordered real estate builders to refund the surplus GST collected from the buyers to them.

The issue came into the notice of NAPA when the case of Pallavi Gulati and Abhimanyu Gulati rose and now since the hawkeyes are on the real estate builder, there is no option to defend the directorate general of anti-profiteering from carrying out investigations. Even the cancellation of the complaint will not terminate the excavation of matter in the absence of any provision under the GST Act regarding the withdrawal of the grievance once made.

“Such rulings must lend a hand homebuyer’s understand that underneath GST having a look at most effective the speed charged by way of the developer, does now not give the whole and clear image. What is equally important is the benefit accumulated to the developer on account of aid in the taxes paid by way of him on his purchases. One needs to take a look at both the GST charge and the enter tax credit to understand the whole have an effect on at the price,” said Harpreet Singh, the spouse at consulting firm KPMG.

Pallavi Gulati and Abhimanyu Gulati had purchased a flat in the Anand Vilas Real Estate project in Faridabad before the GST regime which was started in July 2017. Puri Constructions put forth his statement that the consumer had revoked the grievance, which is a confirmation about their satisfaction with the rationale given. But according to NAPA withdrawal of the grievance is not the termination of probing the matter.

Read Also: Now Choose Between Old or New GST Rates Till 20th May: Real Estate

VIP distributor also found accused of now not passing on GST benefits:

The National Anti-Profiteering Authority has ordered VTWO Ventures, a distributor of VIP baggage, to deposit the surplus GST charged by them from customers, the surplus GST here is the result of curtailment in charges from 28% to 18%.

The distributor found accused for elevating the base price of the product to nullify the effect of benefits in GST charges and for issuing bogus invoices.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Resham Aswani (Ex-Employee)
A B.com graduate, a certified pranic healer, and tax & accounting geek is currently pursuing correspondence M.B.A, always keen to learn new things and grow professionally. Resham Aswani has joined SAG Infotech as a content writer as she has a keen interest in research, writing and staying updated about the latest affairs in taxation and accounting sector. Resham likes to shed light on the current happenings in the taxation field by writing crisp, bold articles to keep her audience updated. View more posts
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