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THE NATIONAL ANTI-PROFITEERING AUTHORITY UNDER CGST IN THE CASE OF VIVEK GUPTA V/s Maheshwari Infratech Pvt. Ltd. , decided on 30-9-2022
✔️ Where a construction service provider had not passed on additional benefit of Input Tax Credit to customers/buyers by way of commensurate reduction in price of flats/shops purchased by them, Director General of Anti-profiteering was justified in computing profiteered amount by examining all supplies made to other buyers/customers beyond application filed by complainant.
✔️ Where a construction service provider had not passed on additional benefit of Input Tax Credit to customers/buyers by way of commensurate reduction in price of flats/shops purchased by them, fresh negotiations/bookings on or after 1-7-2017 could not be excluded from calculation of profiteered amount.
✔️ Where a construction service provider had not passed on additional benefit of Input Tax Credit to customers/buyers by way of commensurate reduction in price of flats/shops purchased by them, ITC availed but blocked during part period of investigation and could not be utilized by him, was be taken into consideration for computation of profiteered amount and he was liable to refund such profiteered amount to buyers/customers including complainant along with interest @ 18% from date when amount was profiteered till date of its refund.
✔️ Penalty under Section 171(3A) of Central Goods and Services Act, 2017 for profiteering could not be imposed retrospectively for period prior to 1-1-2020.
✔️ National Anti-profiteering Authority while upholding investigation report of Director General of Anti-profiteering determining profiteered amount can direct him to investigate into other similar projects/goods and services supplied by assessee under same GSTIN, that were not covered under period of investigation and to submit report for all such projects/goods and services.
✔️ Limitation period provided under Rule 133(1) of Central Goods and Services Tax Rules, 2017, being directory in nature, order passed by National Anti-profiteering Authority after six months of receipt of investigation report of Director General of Anti-profiteering could not be considered to be hit by bar of limitation.
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