Respondent has denied the benefit of ITC to the buyers of the flats being constructed by him in his above project in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and he has thus resorted to profiteering.
Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP vide Report submitted that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the Applicant as well as other home buyers as per the provisions of Section 171 (1) of the Act. The DGAP also submitted that the Respondent realized an additional amount of Rs.1,14,11,960/- which included both the profiteered amount @ 2.67% of the turnover (base price) and GST on the said profiteered amount The DGAP concluded that the provisions of Section 171 (1) have been contravened by the Respondent.
Held that:- The Hon’ble Anti-Profiteering Authority held that the Respondent has has denied the benefit of ITC to the buyers of the flats in contravention of the provisions of Section 171 (1) of the Act and he has thus resorted to profiteering and committed an offence under Section 171 (3A). Therefore, he is liable for imposition of penalty under the provisions of the above Section.