- The West Bengal Real Estate Appellate Tribunal ruled that a real estate promoter is not required to refund GST already paid to the government when a flat sale agreement is cancelled due to the buyer’s default.
- GST paid by the promoter is refundable to the buyer only through the statutory mechanism under GST law, not by the promoter.
- The tribunal modified the regulator’s orders, allowing deduction of both the booking amount and GST, and set aside the penalty imposed on the promoter.
- The promoter must assist the buyer in seeking a GST refund from tax authorities.
Source: millenniumpost.in
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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