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Respondent has committed an offence under section 171 (3A) of the CGST Act, 2017 and therefore, he is liable for imposition of penalty.

Anti-Profiteering — The Applicant No. 1 had alleged profiteering by the Respondent, in respect of purchase of Flat. The Applicant had stated that the benefit of Input Tax Credit (ITC) had not been passed on to him by the Respondent by way of commensurate reduction in the price of the above flat and the Respondent had also charged from him GST 12% w.e.f. 01.07.2017. After scanning the matter, the Court of the viewed the Respondent denied 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 an amount of Rs.3,20,49,507/- from his customers, hence he committed an offence under section 171 (3A) of the CGST Act, 2017 and therefore, liable for imposition of penalty under the provisions of the above Section. — Diwakar Bansal, Director General of Anti-Profiteering, Central Board of Indirect Taxes & Customs Vs. Horizon Projects Pvt. Ltd. [2019] 18 TAXLOK.COM 026 (NAPA)

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