Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that total benefit of ITC that the Respondent needs to pass on during the period 01.07.2017 to 29.02.2020 in respect of both residential flats as well as commercial shops, comes to Rs. 2,73,04,997/-, which included GST (@ 12% or 8%). The present investigation computed the profiteering covering the period 01.07.2017 to 29.02.2020. The Authority observed that the Respondent has profiteered an amount during the period of investigation. The Respondent has denied benefit of ITC to the buyers of his flats in contravention of the provisions of Section 171 (1) and has thus resorted to profiteering. Hence, he has committed an offence for violation of the provisions of Section 171 (1) and the penalty equivalent to ten per cent of the profiteered amount will be imposed upon him for the ,amount collected after 01.01.2020.  .

Held that:- The Hon’ble Anti-Profiteering Authority directed the jurisdictional Commissioners of CGST/SGST to monitor the Order. A Report in compliance of this Order shall be submitted to this Authority by the DGAP within a period of 4 months. The Authority further directed the DGAP to reinvestigate the matter relating to 'Exception Category' admission tickets.