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2022 (8) TMI 211 - NATIONAL ANTI-PROFITEERING AUTHORITYProfiteering - construction services - benefit of ITC had not been passed on to the buyers by way of commensurate reduction in prices - contravention of of Section 171 of the CGST Act, 2017 - Penalty - HELD THAT:- In terms of the provisions of the RERA Act, bookings in the project could not happen till the registration was obtained. Since the registration was obtained for the subject projects post the introduction of Goods and Services Tax only, the provisions of Section 171 dealing with Anti-profiteering could not be made applicable to the said projects in the view of the fact that there was no additional ITC that had been made available to the Respondent, which was relevant for establishing any allegation of profiteering. It is clear from the DGAP's Report that the Respondent had launched the subject projects in the post-GST regime and there were no demands raised by the Respondent with respect to these projects in the pre-GST regime. The registration and approval of the projects and receipt of the payments had taken place in the post-GST regime and hence, there was no pre-GST tax rate or ITC which could be compared with the post-GST tax rate and ITC. On this basis, the DGAP has reported that the Respondent had neither benefited from additional ITC nor had there been a reduction in the tax rate in the post-GST period and therefore it did not qualify to be a case of profiteering - The instant case does not fall under the ambit of the Anti-Profiteering provisions of Section 171 of the CGST Act, 2017. This Order having been passed today falls within the limitation prescribed under Rule 133 (1) of the CGST Rules, 2017.
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