Case Law Details
Director-General of Anti-Profiteering Vs DLF Limited (NAA)
NAA finds that the Respondent has profiteered by an amount of Rs. 7,23,50;135/-, Rs. 12,94,35,170/- & Rs. 4,91,23,070/- for the projects ‘The Camellias’, ‘The Crest and The Ultima’ respectively during the period of investigation i.e. 01.07.2017 to 30.11.2020. The above amount that has been profiteered by the Respondent from his home buyers in all the above three projects shall be refunded by him, along with interest @18% thereon, from the date when the above amount was profiteered by him till the date of such payment, in line with the provisions of Rule 133 (3) (b) of the GCST Rules 2017.
The Authority finds no reason to differ from the above-detailed computation of profiteering in the DGAP’s Report or the methodology adopted and hence, the Authority determines the profiteered amount for the period from 01.07.2017 to 30.11.2020, in the instant case, as Rs. 7,23,50,135/-, Rs. 12,94,35,170/- & Rs. 4.91,23 070/- for the projects ‘The Camellias’, The Crest’ and ‘The Ultima’ respectively. This Authority under Rule 133 (3) (a) of the CGST Rules, 2017 orders that the Respondent shall reduce the prices to be realized from the buyers of the flats/shops commensurate with the benefit of ITC received by him as has been detailed above.
The Respondent is also liable to pay interest as applicable on the entire amount profiteered, i.e. Rs. 7,23,50,135/-, Rs. 12,94,35,170/- & Rs. 4.91,23.070/- for the projects ‘The Camellias, `The Crest and ‘The Ultima’ respectively. Hence the Respondent is directed to also pass on interest @18% to the customers/ flat buyers/ recipients on the entire amount profiteered, starting from the date from which the above amount was profiteered till the date of passing on/ payment, as per provisions of Rule 133 (3) (b) of the CGST Rules 2017.
The complete list of homebuyers has been attached with this Order, with the details of amount of benefit of ITC to be passed along with interest @ 18% in respect of all the three projects ‘The Camellias’. ‘The Crest’ and ‘The Ultima’ of the Respondent as in the Annexure-1, 2 and 3 respectively.
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