2023 (4) TMI 422

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..... where the constitutional validity of Section 171 of the CGST Act and Rule 122 of the CGST Rules have been challenged, a coordinate Bench of this Court has passed interim orders, staying the penalty and interest and restraining further investigations in respect to other projects of the petitioners. The respondents are restrained from conducting any further investigation into other projects that .....

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..... dated 28.09.2022 passed by the National Anti-Profiteering Authority (Respondent No. 3), holding that the petitioner is guilty of profiteering in as much as it has not passed the Input Tax Credit (ITC) on the supply of construction services to the flat buyers. Respondent no. 3 has also held that the petitioner has violated Section 171 of the Central Goods and Services Tax Act, 2017 (CGST Act). .....

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..... lat buyers have not confirmed that they had received the benefit of the ITC; the petitioner has therefore violated Section 171 of the CGST Act. 7. Learned Counsel for the petitioner states that the said methodology is, ex facie, arbitrary and unreasonable. The determination has been made on mere surmises and speculations, without any confirmation from the concerned flat buyers and without any m .....

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