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TMI Blog2020 (7) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... x. may result in the flat buyers of the petitioner being left without a flat as well as without the benefit of the amounts which have already been ordered to be refunded to them. We are therefore not inclined to grant stay of recovery of the balance amount - eight weeks time granted to the petitioner to deposit the balance amount in this Court, if the proof of having already given benefit of an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ging the vires of Section 171 of the Central Goods and Services Tax Act, 2017 and Chapter XV of Central Goods and Services Tax Rules, 2017, particularly Rules 126, 127 and 133 thereof, impugns the order dated 6th December, 2019 passed by the respondent No.2 National Anti-Profiteering Authority holding the petitioner, a builder, to have profiteered in the amount of ₹ 3,45,22,974/- during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020. 8. Rejoinder thereto, if any be filed before the next date of hearing. 9. We have heard the counsels on the interim relief. 10. The counsel for the petitioner states that out of ₹ 3,45,22,974/-, benefit of an amount of ₹ 1.53 crores has already been given to the flat buyers and now only the balance amount of ₹ 1.92 crores approx. remains. He states that in several ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. The counsel for the respondents No. 2 3 has fairly stated that in some other matters, there is a stay of penalty proceedings. 13. We have however enquired from the counsel for the petitioner, how the profit which has already been assessed to have been made by the petitioner, would be returned to the flat buyers of the petitioner, if recovery of the balance amount of ₹ 1.92 crores appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court, if the proof of having already given benefit of an amount of ₹ 1.53 crores is furnished to the authority concerned. Subject to the said proof being furnished and such deposit being made, there shall be stay of recovery of the said amount of ₹ 3,45,22,974/-. However, there shall be a stay of proceedings for recovery of penalty. 16. However, the stay will not come in the wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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