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TMI Blog2023 (8) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 (hereinafter referred to as the "Rules"). The brief facts of the case are that the erstwhile National Anti-Profiteering Authority (hereinafter referred to as the "NAA") in the case of M/s Panchshil Infrastructure Holding Pvt. Ltd., Tech Park One, Tower-E, Next to Don Bosco School, Yerwada, Pune-411006 (hereinafter referred to as "the Respondent"), vide Para-33 of the Order No. 62/2022 dated 29.08.2022 had directed the DGAP to investigate profiteering in relation to projects other than the project "Panchshil Tower" being constructed by the Respondent under single GST Registration No. i.e. 27AADCP6098D1Z8 under Rule 133 (5) of the Rules, and submit investigation report to the NAA for determination whether the Respondent was liable to pass o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt of OC was excluded from the purview of GST. It was also submitted that the anti-profiteering provisions would not be applicable to other projects undertaken by the Respondent as these projects had been either sold post receipt of OC or had been commenced in the GST regime and had not transitioned from the erstwhile regime. c. In view of the above, it was submitted that the provisions of Section 171 of the CGST Act, 2017 were not applicable to the Respondent and accordingly, the information sought by the DGAP might not be required. Thus, he requested not to undertake any further investigation in this regard. The Respondent had tabulated the requisite details of other projects undertaken as follows: - S.No. Name of the Project Statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tember 24, 2018 and first sale in the project was undertaken on March 30, 2019, i.e. after introduction of GST. In this regard, copy of MRERA registration certificate was attached with the submissions. (b) Reference was made to the Order passed by Authority in case of Signature Builders Private Limited wherein it was held that anti-profiteering provisions were not applicable where the project had been started in the GST regime as there was no pre-GST ITC tax rate or ITC availability that could be compared with the post-GST tax rate and ITC to determine the additional benefit. (c) Accordingly, the anti-profiteering provisions would not apply in the given project. v. The contention of the Respondent was examined by the DGAP and to verify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CGST Act, 2017 were not applicable to the project "Yoovilla Phase-I". b. For the project "T-Villa" the Respondent had stated that the said project was registered with MRERA on 31.08.2017 and there had not been any sales in the given project. To verify the same, the website of MRERA was visited and it was found that the said project "T-Villa" was registered under RERA Reg. No. P52100010632 and the said registration would be valid for a period commencing from 31.08.2017 and ending with 30.09.2023 unless renewed by the MRERA in accordance with Section 5 of the RERA Act, 2016 read with Rule 6 of the RERA Rules, 2017. Further, as per RERA Registration the Respondent had constructed four apartments for the said project and all the four apartme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " was registered under RERA Reg. No. P52100034062. The said registration shall be valid for a period commencing from 24.03.2022 and ending with 31.12.2027 unless renewed by the MRERA in accordance with Section 5 of the RERA Act, 2016 read with Rule 6 of the RERA Rules, 2017. Further, the said project was launched on 24.03.2022. As per the Notification No. 03/2019-Central Tax (Rate) dated 29.03.2019 issued by Ministry of Finance, Department of Revenue, any project commenced after 1st April 2019 was mandatorily required to follow the new GST rate structure @5% (without input tax credit). Thus, the Respondent was not eligible to avail the ITC w.e.f. 01.04.2019. Therefore, the Anti-profiteering provisions under Section 171 of CGST Act, 2017 wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... floor for 39 no. of Villas, constructed in Phase-I and the said project was completed on 01.07.2016 in pre-GST period. Keeping in view the above submissions, the Commission finds that since the Respondent has received the OC on 01.07.2016 in pre-GST regime, Anti-profiteering provisions under Section 171 of CGST Act, 2017 are not applicable to the said Project. 7. In respect of the project "T-Villa'', the Commission has observed that the said project has been registered under RERA Reg. No. P52100010632 which is valid for a period commencing from 31.08.2017 and ending with 30.09.2023 unless renewed by MRERA. The same has been verified by the DGAP by visiting the website of MRERA. As per RERA Registration the Respondent has constructe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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