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2023 (8) TMI 1199 - COMPETITION COMMISSION OF INDIAProfiteering - project Palm Wood Royale Gulmohar Green - benefit of reduction in the Rate of tax or ITC on the supply of Construction Service by the Respondent after implementation of GST - benefit of Input Tax Credit not passed - contravention of provisions of section 171 of the CGST Act, 2017 - HELD THAT:- It is revealed that the Respondent has executed two Projects viz. “Anandam Square” (Commercial Project) and “Gulmohar Green” (Residential Project). In respect of the commercial project “Anandam Square” the Commission has observed that in the said project ITC as percentage of turnover that was available to the Respondent during the pre-GST period (April, 2016 to June, 2017) was 4.17% and during the post-GST period (July, 2017 to November, 2019), it was 3.89%. It clearly confirms that the Respondent has not profiteered through additional Input Tax Credit in respect of project “Anandam Square” post-GST. Therefore, he is not required to pass on the benefit of ITC to his buyers. The instant case does not fall under the ambit of Anti-Profiteering provisions of Section 171 of the CGST Act, 2017 - the proceedings initiated against the Respondent under Rule 133 (5) of the CGST Rules, 2017 are hereby dropped.
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