Home Case Index All Cases GST GST + NAPA GST - 2019 (11) TMI NAPA This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 467 - NAPA - GSTProfiteering - supply of flats in the “Expressway Towers” project of the Respondent in Gurugram - benefit of Input Tax Credit (ITC) by way of commensurate reduction in the prices not passed on - contravention of provisions of section 171 of CGST Act - penalty - HELD THAT:- Since the present investigation is only up to 31.08.2018 any benefit of ITC which accrues subsequently shall also be passed on to the buyers by the Respondents. In case this benefit is not passed on the Applicants or any other buyer shall be at liberty to approach the State Screening Committee Haryana for initiating fresh proceedings under Section 171 of the above Act against the Respondents. The concerned CGST or SGST Commissioner shall take necessary action to ensure that the benefit of additional ITC is passed on to the eligible house buyers in future. Penalty - HELD THAT:- It is evident from the above that the Respondent has denied benefit of ITC to the buyers of the flats being constructed by him under the above Policy in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus realized more price from them than he was entitled to collect and has also compelled his consumers/buyers to pay more GST than that they were required to pay and therefore, he is liable for imposition of penalty - Accordingly, a Show Cause Notice be issued to him directing him to explain why the penalty prescribed under Section 171 (3A) of the above Act read with rule 133(3)(d) of the CGST Rules, 2017 should not be impose on him.
|