Case Law Details
Sh. Pawan Kumar Vs Apex Meadows Pvt. Ltd (National Anti-Profiteering Authority)
We have carefully considered the Report of the DGAP, submissions made by the Respondent & the Applicants and based on the record it was revealed that the Respondent is in the Real Estate business and the DGAP’s Report was with regard to one of his projects namely ‘The Celest’ located in Vishakhapatnam, Andhra Pradesh. On examining the various submissions we find that the following issues need to be addressed:-
a. Whether there was any net additional benefit of ITC to the Respondent?
b. Whether there was any violation of the provisions of Section 171 of the CGST Act, 2017, by not passing on the benefit ITC by the Respondent?
The Respondent has himself agreed to the profiteering and claimed to have passed on a preliminary benefit of 3% suo moto on the demands post implementation of the GST of the additional ITC which amounted to Rs. 1,53, 35,365/- (i.e. 3% of Rs. 51, 11, 78,843/-) till 31 October 2018 received by him on the project to his customers vide his submissions dated 23.05.2019. While considering the various contentions made by the Respondent on the report of the DGAP, our findings was as under:-
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