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2022 (6) TMI 527 - NAPA - GSTProfiteering - construction service supplied by the Respondent - it is alleged that the Respondent had not passed on the benefit of input tax credit to him by way of commensurate reduction in the price - violation of the provisions of Section 171 (1) of the CGST Act, 2017 or not - penalty - HELD THAT:- The Authority finds that, it is established that there had been no additional benefit of ITC to the Respondent and hence he was not required to pass on the benefit to the Applicant No. 1 by reducing the price of the flat. The Applicant No.1 could have availed the above benefit only if the above project was under execution/implementation before coming into force of the GST as the Respondent would have been eligible to avail ITC on the purchase of goods and services after 01.07.2017 on which he was not entitled to do so before the above date. Since there was no basis for comparison of ITC available before and after 01.07.2017, the Respondent was not required to recalibrate the price of the flat due to additional benefit of ITC. Hence, the allegations of the Applicant No. 1 made in this behalf are incorrect and therefore, the same cannot be accepted. The Authority finds that the Respondent has not contravened the provisions of Section 171 (1) of the CGST Act, 2017 and there are no merit in the Application filed by the Applicant and the same is accordingly dismissed.
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