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Builder is not guilty of profiteering if he has not availed ITC.

Section 171 of the CGST Act, 2017—Anti-Profiteering — The Applicant alleged that he purchased Flat and the Respondent had not passed on the benefit of Input Tax Credit to him by way of commensurate reduction in the price, in post GST regime. The Respondent, in pre-GST era and post-GST era has not availed of any CENVAT/ITC.

Held that:-The Authority, while dismissing the application, held that the Respondent in pre-GST and post-GST era was eligible for availing CENVAT/ITC, however, the Respondent did not avail any benefit of CENVAT/ITC and hence there was no additional benefit available to the Respondent, which was to be passed on to his buyers. Therefore, the Respondent was not liable to pass on the benefit of ITC to the applicant. — Manabendra Nath Basu, Director General of Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. Paribar Estates Pvt. Ltd. [2020] 22 TAXLOK.COM 009 (NAPA)