Case Law Details
Pawan Kumar Gupta Vs Perfect Buildwell Pvt. Ltd. (NAA)
It is established from the perusal of the above facts that the Respondent has benefited from the additional ITC to the extent of 6.55% of the turnover during the period from 01 07.2017 to 31.03.2019 amounting Rs. 4.74,88,840/- It has been verified by the DGAP that the Respondent has already passed on benefit amounting to Rs. 1,88,56,387/- to 772 homebuyers. Hence, the Authority finds that. the profiteered amount required to be returned/passed on by the Respondent is Rs. 2.86.32474 inclusive of GST @ 12%/ 8% on the base price) as is evident from the above Report dated 28 08 2020. Hence. the Authority holds that the provisions of Section 171(1) of the CGAT Act, 2017 have been contravened by the Respondent.
The Respondent has realized an additional amount of Rs 34,418/- each from Applicant no. 1, 2 & 3, Rs.36.120/- from the Applicant no. 4. Rs.27,510/- each from Applicant no. 5, 7, 8, 9, 10, 11, 12,15. Rs.36,120/-from the Applicant no. 6, Rs.48.029/- from the Applicant no. 13, Rs.70.068/-from the Applicant no. 14. and Rs.71,868/-from the Applicant no. 16 and an additional amount of Rs. 2,80,46.934/- from 772 flat buyers other than the above Applicants. The details of the amount of benefit of ITC passed on, the benefit to be passed on and the details of the buyers have been mentioned by the DGAP in Table-B and Annexure-13 of his Report dated 28 08 2020. These buyers are identifiable as per the documents placed on record. Therefore, the Respondent is directed to pass on an amount of Rs. Rs.34.418/- each to Applicant No. 1, 2 & 3, Rs.36,120/- to the Applicant No. 4, Rs.27 510/- each to Applicant No. 5, 7, 8, 9, 10, 11, 12,15, Rs.36.120/-to the Applicant No 6, Rs 48,029/- to the Applicant No. 13, Rs.70.068/- to the Applicant No 14, and Rs.71,868/- to the Applicant No. 16 and Rs 2 80.46,934/- to the other 772 home buyers respectively along with the interest @ 18% per annum from the dates from which the above profiteered amount was collected by him from them till the payment is made as prescribed under Rule 133(3)(b) of the CGST Rules, 2017 The Authority directs the Respondent to comply with this Order within a period of three months from the date of receipt of this order failing which the said amount shall be recovered in terms of the CGST Act. 2017
The details of the amounts to be passed on home buyer wise are as mentioned in Annexure-13 attached with the Report dated 28.08.2020 which have been annexed as Annexure ‘A’ to this Order, including 772 buyers, to whom benefit of Rs 1,88,56,367/- has been claimed to passed on
Accordingly. 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 of the above Project commensurate with the benefit of ITC received by him as detailed above
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