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TMI Blog2024 (2) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... the CGST Rules, 2017 and recalculate the profiteered amount, if required. The Respondent is also directed to extend all necessary assistance to the DGAP and furnish him necessary documents or information as required during the course of further investigation of the present case. Petition disposed off. - SMT. RAVNEET KAUR, CHAIRPERSON SH. ANIL AGRAWAL AND MEMBER MS. SWETA KAKKAD, MEMBER ORDER The Present Report dated 27.02.2023 has been received from the Applicant No. 2, i.e. the Director General of Anti-Profiteering (here in after referred to as the DGAP ) after a detailed investigation under Rule 129(6) of the Central Goods Service Tax (CGST) Rules, 2017 (here in after referred to as the Rules ). The brief facts of the present case are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted his reply vide letters and e-mails and on the basis of the submissions of the Respondent, the DGAP has submitted that:- i. The period covered by the current investigation is from 01.07.2017 to 31.05.2022. Though the Respondent claimed that the Completion Certificates in respect of all the blocks were received from the Competent Authority prior to 31.05.2022 but the Respondent, vide his submission dated 14.11.2022, had confirmed that in respect of payment plan, the customers had opted for both construction linked as well as payment linked plans. Therefore, since the Completion Certificates had been received in respect of all six blocks by the Respondent but the nature of agreements as claimed by the Respondent were linked with con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was sent to the Sub-Registrar, Gandipet, Telanagana requesting him to forward certified copies of all the sale deeds of the buyers in the project Vertex Panache executed on or after 01.07.2017. The Respondent vide e-mail dated 24.02.2023 informed that the Sub- Registrar, Gandipet had already forwarded the certified copies of sale deeds to the DGAP and further stated that he would not be able to provide the email-Ids of the customers as the project was completed long ago. Also, vide e-mail dated 25.02.2023, the Respondent had provided sample copies of certified sale deeds of 02 buyers along with the letter dated 22.02.2023 of the Sub-Registrar, Gandipet in which all the certified copies of sale deeds had been stated to be enclosed. From the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts/purchases in the pre- GST period. Further, post-GST, the Respondent could avail ITC of GST paid on all the inputs and input services. From the data submitted by the Respondent covering the period 01.04.2016 to 31.05.2022, it was evident that the ITC as a percentage of the turnover that was available to the Respondent during the pre-GST period (01.04.2016 to 30.06.2017) was 1.07% and during the post-GST period (01.07.2017 to 31.05.2022) was 2.20% in the Project Vertex Panache . This confirmed that in the post- GST regime, the Respondent had benefited from additional ITC to the tune of 1.13% [2.20% (-) 1.07% ] of the turnover, amounting to Rs. 3,00,18,756/- which included 12% GST on the base amount. vi. The DGAP has concluded that that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i. The Respondent had not accepted the Report of the DGAP to impose an amount of Rs. 3,00,18,756/- as profiteered amount u/s 171 of the CGST Act, 2017. ii. The price quoted to the customers in the post-GST regime was inclusive of the benefit u/s 171 of the CGST Act, 2017. iii. The Sub-Registrar, Gandipet had sent the certified copies of 199 out of 200 sale deeds vide letter dated 22.02.2023. The DGAP had not considered those certified sale deeds in his Report. iv. Inspite of non-receipt of the certified copies of sale deeds, the DGAP had arrived at the profiteering amount. 5. Clarifications on the above submissions dated 23.08.2023 of the Respondent were sought from the DGAP under Rule 133(2A) of the CGST Rules, 2017. The DGAP vide letter d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in includes the GST input tax Credit that is likely to accrue for the project. In support of his claim, the Respondent has submitted sale deeds for 176 buyers out of 200 buyers in post GST regime. On scrutiny of these sale deeds, the DGAP found that in the sale deeds specifically mentioned that the price of the flat includes ITC benefit of GST. However, due to non- availability of certified copies of sale deeds from the Sub-Registrar, Gandipet and e-mail-ids phone numbers of the buyers, the DGAP has not considered the contention of the Respondent. The DGAP in his Report in Para 15 also stated that as and when all certified copies of sale deeds would be received from the Sub-Registrar, Gandipet, the same would be submitted to the Authority i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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