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2023 (8) TMI 338 - CCI - GSTProfiteering - project Bhagwati Eminence - benefit of ITC was not passed on to the recipients by way of commensurate reduction in the prices or not - contravention of section 171 of CGST Act - HELD THAT:- This Commission has carefully considered the Report of the DGAP and the other material placed on record and finds that the DGAP, in pursuance to the Order No. 68/2022 dated 02.09.2022, has investigated the matter pertaining to the other projects executed by the Respondent in terms of Section 171 of the CGST Act, 2017 and the Rules made thereunder, so as to determine whether there had been any profiteering by the Respondent. Thereafter the DGAP has submitted that no other project has been executed by the Respondent except the project “Bhagwati Eminence”, profiteering in respect of which has already been determined by the NAA in BHAGWATI INFRA, [2022 (9) TMI 726 - NATIONAL ANTI-PROFITEERING AUTHORITY]. The DGAP has furnished his Report dated 23.02.2023 to NAA, stating that no other projects is being executed by the Respondent and hence Respondent was not liable to pass on the benefit of Input Tax Credit and Section 171(1) of the Central Goods and Services Tax Act, 2017 requiring that “any reduction in the rate of tax on any supply of goods or services or the benefit of the input tax credit shall be passed on to the recipient by way of commensurate reduction in prices”, is not applicable in the present case. This Commission finds that the provisions of Section 171 (1) of the CGST Act, 2017 are not attracted in the case of other projects of the Respondent and therefore the present proceedings are hereby dropped.
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