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This Authority under Rule 133 (3) (a) of the CGST Rules, 2017 orders that the Respondent shall reduce the prices to be realized from homebuyers/customers/recipients commensurate with the benefit of ITC received by him.

Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that the Respondent benefitted an additional ITC of 3.34% of the taxable turnover and the same was required to be passed. The provision of Section 171 had been contravened by the Respondent during the period 01.07.2017 to 31.12.2019. The Authority observed that the Respondent profiteered by Rs. 1,45,87,404/- during the period from 01.07.2017 to 31.12.2019, which was required to be passed on to home buyers/customers/recipients. The Respondent may have resorted to profiteering in the other projects also.

Held that:- The Hon’ble Anti-Profiteering Authority directed the Respondent to   pass on the profiteered amount along with the interest @ 18% per annum. Further directed the DGAP to investigate all the other projects of the Respondent under the same GST registration which have not yet been investigated from the perspective of Section 171.

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