𝗚𝗦𝗧𝗔𝗧 𝗗𝗲𝗹𝗵𝗶: 𝗦𝗮𝘃𝗮𝗹𝗶𝘆𝗮 𝗣𝗿𝗼𝗰𝗼𝗻 𝗘𝘀𝗰𝗮𝗽𝗲𝘀 𝗔𝗻𝘁𝗶-𝗣𝗿𝗼𝗳𝗶𝘁𝗲𝗲𝗿𝗶𝗻𝗴 𝗔𝗰𝘁𝗶𝗼𝗻 𝗮𝘀 𝗜𝗧𝗖 𝗕𝗲𝗻𝗲𝗳𝗶𝘁 𝗗𝗲𝗰𝗹𝗶𝗻𝗲𝗱 𝗔𝗳𝘁𝗲𝗿 𝗚𝗦𝗧

GSTAT Delhi (Principal Bench) held that the respondent had not contravened Section 171 of the CGST Act, 2017, as no additional benefit of ITC accrued upon the introduction of GST. The proceedings concerned alleged profiteering in the respondent’s Krish Elite project for the period June 2017 to June 2019, on the ground that ITC benefits were not passed on to buyers through commensurate price reductions. The DGAP’s recalculation showed that the ITC-to-purchase-value ratio declined from 6.55% in the pre-GST period to 5.77% in the post-GST period, indicating that no additional ITC benefit arose. The Tribunal noted that both the respondent and the applicant accepted the DGAP’s findings and accordingly accepted the report dated 16 December 2025, concluding that there was no profiteering in contravention of Section 171. 

Savaliya Procon.pdf