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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 ..... Project. Project T-Villa'' - HELD THAT:- 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 constructed four apartments in the said project and all the four apartments are unsold. Therefore, the Anti-profiteering provisions under Section 171 of CGST Act, 2017 are not applicable to the project. Project SOHO - HELD THAT:- The Commission has found that the said project has been registered under RERA Reg. No. P52100017890 which is valid for a period commencing from 24.09.2018 and ending with 30.12.2026 unless renewed by MRERA. The same has been verified by the DGAP by visiting the website of MRERA. It is also observed that there is no unit sold in pre-GST era which can be compared with the post GST base price to determine whether there is any profiteering. There is also no availability of CENVAT to compare it with ITC which is available to him in post GST era. Therefore, Anti-profiteering prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t all the other Projects/Blocks to the buyers, or not, as per the provisions of Section 171(1) of the CGST Act, 2017. 2. Vide the above mentioned Report, the DGAP has stated that:- i. The Authority vide Para-33 of the Order No. 62/2022 dated 29.08.2022 determined Rs. 1,96,69,483/- as the amount of benefit of ITC not passed on to the recipients by the Respondent during the period from 01.07.2017 to 30.11.2020. ii. On receipt of the aforesaid Order, a notice under Rule 129 of the Rules was issued by the DGAP on 05.09.2022, calling upon the Respondent to reply as to whether he admitted that the benefit of ITC had not been passed on to the buyers by way of commensurate reduction in prices in all other projects under taken by the Respondent. iii. The period covered by the current investigation was from 01.07.2017 to 31 07 2022. iv. In response to the notice dated 05.09.2022, the Respondent submitted his reply vide letter and e-mails dated 19.09.2022, 22.12.2022, 16.01.2023 and 13.02.2023. The detailed submissions of the Respondent were quoted as follows: - a. The Respondent stated that other construction related projects undertaken by the Respondent had either bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion was attached with the submissions. First sale in the project was made in August 2022 i.e. post introduction of GST. Further, new GST rate [i.e. 5% without any benefit of ITC] was applicable qua sale of residential premises in the said project w.e.f. 01.04.2019. (b) Accordingly, in the given case, the anti-profiteering provisions would not apply. IV. SOHO (a) The project had been registered under MRERA on September 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under Section 171 of CGST Act, 2017 were not applicable to the project T-Villa''. c. For the project SOHO the Respondent had stated that the said project was registered with MRERA on 24.09.2018 and the first sale in the said project was undertaken in March, 2019. To verify the same, the website of MRERA was visited and it was found that the said project was registered under RERA Reg. No. P52100017890. The said registration would be valid for a period commencing from 24.09.2018 and ending with 30.12.2026 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, it was also observed that there was no unit sold in pre-GST era which could be compared with the Post GST base price to determine whether there was any profiteering and there was also no availability of CENVAT to compare with ITC which was available to him in GST era. The price was charged for the residential flats of a new project developed and constructed by the Respondent after the implementation of GST. Therefore, Anti-profiteering provisions under Section 171 of CGST Act, 2017 were not applicable to the project SOHO . d. For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for 6 no. of Villas and building no. Villas V-3 type, Ground floor and First 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 constructed four apartments in the said project and all the four apartments are unsold. Therefore, the Anti-profiteering provisions under Section 171 of CGST Act, 2017 are not applicable to the project. 8. In respect of the project SOHO , the Commission has found that the said project has been registered under RERA Reg. No. P52100017890 which is valid for a period commencin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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