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HC is not inclined to grant absolute stay order on refund of profiteered amount to the buyers of the flats, however granted eight weeks’ time to the petitioner to deposit the balance amount

Section 171 of the CGST Act, 2017— Anti Profiteering -- The petitioner challenged the vires of Section 171 of the Act, 2017, Rules 122, 126, 127 and 133 and the order dated 6th December, 2019 passed by the respondent National Anti-Profiteering Authority holding that petitioner a builder had profiteered and directed him to refund the amount to the buyers of the flats. The petitioner also challenged that Show Cause Notice dated 17th January, 2020 for proposing the penalty. The petitioner and respondent affirmed that vide order dated 6th July, 2020, 33 matters entailing common questions have been clubbed and ordered to be listed for hearing on 24th August, 2020. The petitioner submitted that out of Rs.3,45,22,974/- benefit of an amount of Rs.1.53 crores has already been given to the flat buyers and the balance amount of Rs.1.92 crores approx. remains and requested for interim relief by way of stay on remaining amount.
Held that:-The Hon’ble High Court stayed proceedings for recovery of penalty, and did not grant stay on recovery of the balance amount. However, granted eight weeks’ time for depositing the balance amount. The Court issued notice and listed along other writs on 24th August, 2020.—Apex Meadows Pvt. Ltd. Vs. Union of India & Ors. [2020] 26 TAXLOK.COM 047 (Delhi)