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The Respondent has denied the benefit of ITC to the buyers of the flats being constructed by him in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and has thus profiteered as per the explanation attached to Section 171 of the above Act.

Anti-Profiteering — Since, the respondent denied the benefit of ITC to the buyers of the flats being constructed by him in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and thus profiteered as per the explanation attached to Section 171 of the Act. Therefore, he is liable for imposition of penalty under Section 171 (3A) of the CGST Act, 2017.  — Mamta Aggarwal, Director General of Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. GLS Infratech Pvt. Ltd. [2019] 19 TAXLOK.COM 003 (NAPA)