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National Anti-Profiteering Authority

No violation of Anti-Profiteering if relevant events took place in GST regime

August 5, 2022 696 Views 0 comment Print

Director General of Anti-Profiteering Vs Elan Ltd. (NAA) The Authority has carefully examined the Report of the DGAP and it has been observed that the relevant events for the project Epic took place in GST regime and the Respondent had not availed any CENVAT/ITC, related to ‘EPIC’ project, in pre-GST regime and that the Respondent […]

Alleged Profiteering by Dange Enterprises : NAA directs DGAP to reinvestigate

August 5, 2022 261 Views 0 comment Print

Director-General of Anti-Profiteering Vs Dange Enterprises (NAA) Authority also find that after the closure of the hearing, Respondent vide his email dated 13.06.2022 has stated that he has agreed to submit the requisite data in the prescribed format as required by the DGAP for the entire period of investigation. In the given situation, as narrated […]

Prestige Estates Projects guilty of not passing ITC benefit to homebuyers/customers

August 4, 2022 1509 Views 0 comment Print

Sh. Deepak Naik Vs Prestige Estates Projects Ltd. (NAA) Authority funds that the Respondent has gained the benefit of ITC on the supply of Construction Services after the implementation of GST w.e.f 01.07.2017 and the Respondent was required to pass on such benefit of ITC to the homebuyers/customers by way of commensurate reduction in prices […]

IBC 2016 prevails over Anti-Profiteering of Section 171

August 4, 2022 747 Views 0 comment Print

Anti-Profiteering Provisions of Section 171 of CGST Act, 2017 violated by Respondent, yet provisions of IBC, 2016 will nonetheless prevail.

DGAP to ascertain authenticity of VAT Assessment Orders submitted by ‘Town Park Buildcon’

August 4, 2022 402 Views 0 comment Print

Varun Goel Vs Town Park Buildcon Private Ltd. (NAA) a. The Respondent vide his submissions dated 05.04.2022 has contended that the DGAP has not incorporated the ITC of VAT in the pre-GST period for the computation of profiteering which ought to have been done. He has further submitted before this Authority that the said ITC […]

SSBC Real Estate guilty of not passing ITC benefit to home buyers: NAA

July 29, 2022 1005 Views 0 comment Print

NAA held that ITC benefit of Rs. 16,49,897/- was required to be passed on to 39 flat buyers by SSBC Real Estate Pvt. Ltd.

Swati Realty guilty of not passing ITC benefit to Home Buyers

July 29, 2022 942 Views 0 comment Print

Nilang Shastri Vs Swati Realty (NAA) Applicant alleged profiteering by Respondent Swati Realty in respect of purchase of a Flat in the Respondent’s project –Swati Florence, Ahmedabad, Gujarat. The Applicant  has alleged that the Respondent had not passed on the benefit of ITC to him by way of commensurate reduction in price after the implementation […]

Profiteering not applicable to projects registered under RERA after 01.07.2017

July 28, 2022 354 Views 0 comment Print

Since the registration was obtained for the subject projects post the introduction of Goods and Services Tax only, the provisions of Section 171 dealing with Anti-profiteering could not be made applicable to the said projects in the view of the fact that there was no additional ITC that had been made available to the Respondent,

Jay Cee Chemists guilty of not passing ITC benefit on Sanitary Napkin’s

July 27, 2022 528 Views 0 comment Print

NAA held that Jay Cee Chemists did not pass on the benefit of exemption of GST on Sanitary Napkin’s amounting to Rs. 2048 to Customers.

NAA order DGAP to reinvestigate profiteering by Prateek Infra Projects

July 27, 2022 336 Views 0 comment Print

Rajeev Goyal Vs Prateek Infra Projects India Pvt. Ltd. (NAA) The Authority finds that the Applicant No. 1 has alleged fraud and forgery on the part of the Respondent and fault in calculations of the profiteered amount, saleable area and the total turnover of the Respondent by the DGAP for the Project Prateek Edifice. The […]

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