Case Law Details
Vijay Pal Sing Vs Nandi Infratech Pvt. Ltd. (NAA)
The Authority determines an amount or Rs. 7,28,05,691/- (including 12% GST) under section 133(1) as the profiteered amount by the Respondent from his 768 home buyers/shop buyers/customers which 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. per the provisions of Rule 133 (3) (b) of the CGST Rules 2017. This amount profiteered is Rs. 84,757/- (including GST) in respect of Applicant No. 1.
This Authority under Rule 133 (3) (a) of the CGST Rules, 2017 orders than the Respondent shall reduce the prices to be realized from the buyers of the flats shop buyers/customers 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. 7,28,05,691/- for the project ‘AMAATRA HOMES’. 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) or the CGST Rules, 2017.
The complete- list of homebuyers/shop buyers /customers has been attached with this Order with the details of the amount of benefit of ITC to be passed on along with interest @18% in respect of the project AMAATRA HOMES’ of the Respondent as in the Annexure-‘A’.
This Authority also orders that the profiteered amount of Rs. 7,28,05,691/- for the project ‘AMAATRA HOMES’ along with the interest @18% from the date of receiving of advance from the homebuyer till the date of passing the benefit of ITC shall be paid/passed on by the Respondent within a period of 3 months from the dote of this order failing which it shall be recovered as per the provisions of the CGST Act, 2017.
It has also been found that the Respondent has denied the benefit of additional ITC to his customers/recipients in contravention of the provisions of Section 171(1) of the CGST Act, 2017 and mined to profiteering and hence, committed an offence under section 171 (3A) of the CGST Act, 2017. Therefore. the Respondent is liable for the imposition of penalty for the period 01.01.2020 us 28.02.2021 under the provisions of the above Section. Accordingly, a Notice be issued to him directing him to explain why the penalty prescribed under Section 171 (3A) of the above Act read with Rule 133 (3) (d) of the CGST Rules, 2017 should nut be imposed on him.
