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2022 (8) TMI 1086 - NAPA - GSTProfiteering - construction of project - benefit of ITC not passed on to the buyers, by way of commensurate reduction in price - violation of section 171 of CGST Act - penalty - HELD THAT:- It has been observed that as per the Table ‘A’ of the Report all the relevant events for the project “Epic” took place in GST regime and the Respondent had not availed any CENVAT/ITC, related to ‘EPIC’ project, in pre-GST regime and that the Respondent neither raised any demand nor received any advance for this project in Pre-GST regime. Therefore, there was no pre-GST tax rate or ITC structure which could be compared with the post-GST tax rate and ITC structure and therefore, the provisions of Section 171 (1) of the CGST Act, 2017 were not applicable against the Respondent’s project “Epic” - In view of the facts and records/documents cited and considered by the DGAP in its report dated 24.03.2021, the Authority concurs with the findings of the DGAP that the provisions of section l71 (1) of the CGST Act, 2017 does not get attracted in the present case for the said project “Epic” and for said period 01.07.2017 to 30.11.2020. This Order having been passed today falls within the limitation prescribed under Rule 133(1) of the CGST Rules, 2017.
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