TMI Blog2020 (10) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 - penalty - HELD THAT:- It has been revealed that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the Applicant No. 1 as well as other homebuyers who had purchased flats in his Project Orchard Avenue-93 during the period from 01.07.2017 to 31.12.2018 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017. It is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent. ORDER 1. The brief facts of the present case are that the Applicant No. 2 (here-in-after referred to as the DGAP) vide his Report dated 12.06.2019, furnished to this Authority under Rule 129 (6) of the Central Goods Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the complaint of the Applicant No. 1 and found that the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is liability for violation of the provisions of Section 171 (1) should not be fixed. After hearing both the parties at length this Authority vide its Order No. 72/2019 dated 13.12 2019 = 2019 (12) TMI 777 - NATIONAL ANTI-PROFITEERING AUTHORITY had determined the profiteered amount as ₹ 2,58,80,9271- as per the provisions of Section 171 (2) of the above Act read with Rule 133 (1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll date. 5. We have carefully considered the submissions of the Respondent and all the material placed before us and it has been revealed that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the Applicant No. 1 as well as other homebuyers who had purchased flats in his Project Orchard Avenue-93 during the period from 01.07.2017 to 31.12.2018 and hence, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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