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2023 (8) TMI 1032 - COMPETITION COMMISSION OF INDIAProfiteering - benefit of ITC was not passed on to the recipients by the Respondent during the period from 01.07.2017 to 31.05.2020 - contravention of provisions of Section 171 of the CGST Act, 2017 - HELD THAT:- The DGAP has furnished his Report dated 03.03.2023 to the Commission, stating that no other projects are being executed by the Respondent and hence the 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. The above fact has also been corroborated from the website of the UP RERA as well as the reply of the Jurisdictional State GST Commissionerate, Noida as per the report of the DGAP. 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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