Case Law Details
Sh. Dinesh Jain & Ms. Madhu Jain Vs Sanghvi Premises Pvt. Ltd. (NAA)
NAA held that Sanghvi Premises Pvt. Ltd. has not passed ITC benefit to Its customers in its Project ‘Sanghvi Solitaire’ situated at Borivali, Maharashtra in terms of Section 171 of the CGST Act, 2017.
Applicant alleged that Sanghvi Premises Pvt. Ltd. had not passed on the benefit of ITC to him by way of commensurate reduction in the price of the Flat No. 11-1601 purchased from the Respondent in the Respondent’s project ‘Sanghvi Solitaire’ situated at Borivali, Maharashtra in terms of Section 171 of the CGST Act, 2017.
Authority finds that the benefit of additional Input tax Credit of 5.86% of the turnover has accrued to the Respondent for the project “Sanghvi Solitaire”. This benefit was required to be passed on to the recipients. Thus. Section 171 of the CGST. 2017 has been contravened by the Respondent. inasmuch as the additional benefit of ITC @5.86% of the base price received by the Respondent during the period 01.07.2017 to 31.03.2019, was required to be passed on by the Respondent to 17 recipients including the Applicant no. These recipients are identifiable as per the documents provided by the Respondent, giving the names and addresses along with Unit no. allotted to such recipients.
FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING AUTHORITY
Please become a Premium member. If you are already a Premium member, login here to access the full content.
