Anti-Profiteering — Section 171 of the CGST Act, 2017— Anti Profiteering -- The petitioner challenged the order dated 14th February, 2020 passed by respondent NAPA whereby it has been held that he profiteered to the extent of Rs. 35,28,744/- during the period 1st July, 2017 to 31st December, 2018. The Petitioner prayed for a declaration that Section 171 and rules are unconstitutional and ultra vires the parent Act. The Petitioner also challenged notices as well as summons issued by respondent DGAP. The petitioner had admitted the profiteered amount Rs. 35,28,744/- computed by the respondent DGAP and had submitted that they will pay the said amount along with applicable interest. The petitioner has already passed on the benefit amounting to Rs. 30,57,775/- to the flat buyers and the balance amount has been deposited in the bank account.
Held that:-The Hon’ble High issued notice for 03.11.2020 and directed the respondent to verify the claims made by the petitioner with respect to passing on the commensurate benefit amounting to Rs. 35,28,744/-. The Court stayed the payment of penalty and investigation with regard to other projects as well as the notices and summons issued by the respondent DGAP. — Ramprastha Promoters And Developers Pvt. Ltd. Vs. Union of India & Ors. [2020] 28 TAXLOK.COM 029 (Delhi)