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Signature builders did not pass benefit of ITC to its consumers.

Anti-Profiteering — The provisions of Section 171 of the CGST Act, 2017 have been contravened by the Respondents as he has profiteered an amount of Rs.1,40,41,916/-which includes both the profiteered amount @ 1.65% of the base price and GST on the said profiteered amount from the above Applicants and the other recipients as well who are not Applicants in the present proceedings. Accordingly, the above amounts shall be paid to the Applicant No. 1 to 4 and the other eligible house buyers by the Respondents along with interest @ 18% PA from the date from which these amounts were realised from them till they are paid as per the provisions of Rule 133 (3) (b) of the CGST Rules, 2017, failing which they shall be recovered by the concerned Commissioner CGST / SGST and paid to the eligible house buyers.

Respondent has denied the benefit of ITC to the buyers of the flats/shops being constructed by him and has profiteered in contravention of the provisions of Section 171(1) of the CGST Act, 2017. Therefore he is liable for imposition of penalty under Section 171(3A) of the CGST Act, 2017. Therefore, Show Cause Notice be issued to him directing him to explain as to why the penalty prescribed under Section 171 (3A) of the above Act read with Rule 133 (3) (d) of the CGST Rules, 2017 should not be imposed on him. — Shruti Garg, Sh. Saurabh Gupta Sh. Anil Bhargava, Sh. Narendra Prakash Varia, Director General of Anti-Profiteering Vs. Signature Builders Pvt. Ltd. [2019] 19 TAXLOK.COM 031 (NAPA)

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