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2022 (5) TMI 783 - NAPA - GSTProfiteering - purchase of flats - benefit of Input Tax Credit had not been passed on to the Applicant - contravention of section 171 of CGST Act - penalty - HELD THAT:- The Authority finds that, the Report of the DGAP is prepared on the basis of the Documents/data provided by the Respondent and as per the provisions enshrined under Section 171 of the CGST Act, 2017 which the Respondent has violated by not passing on the benefit of ITC to his home/flat buyers. The findings of the DGAP has not violated any of the rights of the Respondent and the said report was submitted to this Authority, which has provided ample opportunities to the Respondent to submit his position and also offered personal hearing. As such, principle of natural justice is followed in true sense and spirit. Various judgments quoted by the Respondent have been followed by the Authority before passing this Order. Therefore, the submission of the Respondent is not acceptable. It is clear that the Respondent has profiteered by an amount of Rs. 85,77,419/- during the period of investigation i.e. 01.07.2017 to 30.06.2020. The Authority determined amount of Rs. 85,77,419/- (including 12% GST) under section 133 (1) that has been profiteered by the Respondent from his home buyers (as per the list mentioned below), including Applicant No. 1, and shall be refunded by him along with interest @18% thereon, from the date when the amount was profiteered by him till the date of such payment, in accordance with the provisions of Rule 133 (3) (b) of the GCST Rules 2017. This Order having been passed today falls within the limitation prescribed under Rule 133 (1) of the CGST Rules, 2017. Application disposed off.
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