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TMI Blog2023 (8) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of Section 171 of the CGST Act, 2017 and the Rules made thereunder, so as to determine whether there had been any profiteering by the Respondent. Thereafter the DGAP has submitted that no other project has been executed by the Respondent except the project Bhagwati Eminence , profiteering in respect of which has already been determined by the NAA in BHAGWATI INFRA, [ 2022 (9) TMI 726 - NATIONAL ANTI-PROFITEERING AUTHORITY] . The DGAP has furnished his Report dated 23.02.2023 to NAA, stating that no other projects is being executed by the Respondent and hence Respondent was not liable to pass on the benefit of Input Tax Credit and Section 171(1) of the Central Goods and Services Tax Act, 2017 requiring that any reduction in the rat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect which was required to be passed on to the home-buyers. 3. The NAA vide its Order No. 68/2022 dated 02.09.2022 had determined the profiteered amount as Rs. 1,56,77,149/- as the benefit of ITC was not passed on to the recipients by the Respondent during the period from 01.07.2017 to 31.09.2019 and ordered the Respondent to pass on the benefit, 4. Further, vide Para 27 of the aforesaid Order, the NAA directed the DGAP in terms of Rule 133 (5) of the CGST Rules. 2017, to investigate profiteering in relation to projects other than the project Bhagwati Eminence , being executed by the Respondent, if any, under the provisions of Section 171 of the CGST Act, 2017. The contents of para 27 are reproduced below: 27. In view of fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so provided a copy of the financials for FY 2021-22 along with the reply. d. In order to verify Respondent's claim that he had not started any project other than Bhagwati Eminence , the details of Respondent's projects registered with Maharashtra Real Estate Regulatory Authority (RERA) were checked online by the DGAP. From the Maharashtra RERA website, DGAP found that other than Bhagwati Eminence , no other project of the Respondent was registered with Maharashtra RERA. e. To further verify the Respondent's contention, the DGAP had also sent a letter dated 19.10.2022 and subsequent reminders dated 29.11.2022, 12.01.2023, and 13.02.2023 to the jurisdictional Commissionerate (Belapur CGST Commissionerate, Navi Mumbai) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s already been determined by the NAA vide Order dated 02.09.2022. 7. The DGAP has furnished his Report dated 23.02.2023 to NAA, stating that no other projects is being executed by the Respondent and hence Respondent was not liable to pass on the benefit of Input Tax Credit and Section 171(1) of the Central Goods and Services Tax Act, 2017 requiring that any reduction in the rate of tax on any supply of goods or services or the benefit of the input tax credit shall be passed on to the recipient by way of commensurate reduction in prices , is not applicable in the present case. 8. The above fact has also been corroborated from the website of the Maharashtra RERA as well as the reply of the Additional Commissioner, CGST, Belapur Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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