The National Anti-profiteering Authority (NAA) directed the Director General of Anti-Profiteering (DGAP) to investigate the profiteering charges against 14 projects of BPTP Ltd.
The Applicant had purchased flats in the Respondent’s Project “Discovery Park” but the Respondent had not passed on the benefit of Input Tax Credit (ITC) to them by way of commensurate reduction in prices of the flats, in terms of Section 171 (1) of the CGST Act, 2017.
The Respondent has contended that the DGAP has calculated the Respondent’s pre-GST and post-GST Net Taxable Demands. In this regard, the turnover representing cancelled units for the pre-GST period amounting has completely been ignored.
The DGAP in his Clarifications has stated that it was a new fact submitted by the Respondent before this Authority and the same was not presented before him during the investigation.
He has also stated that if the details/ documents supporting the claim were provided and verified, the profiteering amount might change. Accordingly, this issue is also required to be investigated and correct figures of Net Taxable Demand furnished to this Authority.
The Adjudication Authority headed by Chairman B.N.Sharma directed the DGAP to reinvestigate the above issues and furnish his Report under Rule 129 (6) of the CGST Rules, 2017. The investigation shall be carried out w.e.f. July 1, 2017 to November 31, 2020 or till the date OC has been received by the Respondent in respect of the Project.
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