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2019 (11) TMI 1331 - NATIONAL ANTI-PROFITEERING AUTHORITYProfiteering - purchased of a Flat in the Respondent's project “Palm Wood Royal Gulmohar Green” - benefit of input tax credit not passed on - contravention of provisions of Section 171 of the CGST Act, 2017 - HELD THAT:- It is evident that the respondent has denied the benefit of ITC to the buyers of the flats being constructed by him in contravention of provisions of section 171(1) of CGST Act, 2017 and has thus profiteered an amount of ₹ 85,97,436/- as per the explanation attached to section 171 of CGST Act, 2017. It is also established from the facts of the present case that the respondent in constructing two projects viz. 'Gulmohar Green' as a residential project and 'Andaman Square' as the commercial project. It is further established from the record that the respondent has availed benefit of ITC on the above commercial project also which he has himself admitted during the course of the present proceedings and he has also furnished the details of the area sold and the turnover realised by him on the above project. Therefore there are sufficient grounds to believe that the respondent is liable to pass on the benefit of additional ITC to the buyers of the commercial area as per the provisions of section 171 of CGST Act. Application disposed off.
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