Case Law Details
Bhanja Kishore Pradhan Vs. HCBS Promoters & Developers Pvt. Ltd. (NAA)
The Respondent has not disputed the findings of the DGAP regarding method of computation of profiteering and the amount worked out by him. As such, 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 31.12.2018, in the instant case, as Rs. 1,42,45,741/-, for the project ‘Sports Ville’.
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 customers/ home/shop buyers commensurate with the benefit of ITC received by him as has been detailed above.
The Respondent is required to pass on/return such amount profiteered by him along with interest as prescribed under Rule 133(3)(c) of the CGST Rules, 2017, to the eligible customers/ home/shop buyers, including the Applicant No. 1 .
The Respondent has filed his various written submissions vide which he had submitted that he has passed benefit of ITC of Rs. 1,42,56,347/- to his customers/ home/shop buyers. The Respondent has further contended that he did not agree with the Report dated 30.09.2020 as he had adjusted the benefits passed on to the customers and from their dues.
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