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Discount offered by the respondent to the customers cannot be considered as passing on of the benefit of additional ITC.

Anti-Profiteering — From the perusal of the above facts that the provisions of Section 171 of the CGST Act, 2017 have been contravened by the Respondent as he has profiteered an amount of Rs.4,79,04,342/- which includes GST on the base profiteering amount of Rs.4,27,71,733/- from all the flat buyers. This amount is inclusive of Rs.2,36,428/- (including GST on the base amount of Rs.2,11,096/-) which is the profiteered amount in respect of the Applicant No.1. All these buyers are identifiable as per the documents placed on record and therefore, the Respondent is directed to pass on this amount of Rs.4,79,04,342/- along with interest @ 18% per annum to these flat buyers from the dates from which the above amount was collected by him from these buyers till the payment is made, within a period of 3 months from the date of passing of this order.

The Respondent has denied benefit of ITC to the buyers of the flats and the shops being constructed by him in his Project ‘Fusion Homes’ in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has committed an offence under Section 171 (3A) of the above Act and therefore, he is liable for imposition of penalty under the provisions of the above Section. Accordingly, a 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. Accordingly, the notice dated 09.04.2019 vide which it was proposed to impose penalty under Section 29, 122-127 of the above Act read with Rule 21 and 133 of the CGST Rules, 2017 is withdrawn to that extent. — Pradeep Kumar, Director General of Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. Fusion Buildtech Pvt. Ltd. [2019] 19 TAXLOK.COM 021 (NAPA)

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