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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 realized more price from them than he was entitled to collect. Therefore, he is liable for imposition of penalty under Section 171 (3A) of the CGST Act.

Anti-Profiteering — The Applicant No. 1 alleged that the Respondent did not pass on the benefit of input tax credit to him by way of commensurate reduction in price at the time of introduction of GST w.e.f. 01.07.2017. It is held that 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 realized more price from them than he was entitled to collect. Therefore, he is liable for imposition of penalty under Section 171 (3A) of the CGST Act. — Sandeep Kumar, Sh Harish Kumar, Ms. Poonam Shiv, Director General Of Anti-Profiteering, Central Board Of Indirect Taxes And Customs Vs. Nani Resorts And Floriculture Pvt. Ltd. [2019] 17 TAXLOK.COM 062 (NAPA)

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