Profiteering: Respondent ordered to pay Rs.67,02,147 to eligible homebuyers within three months with applicable interest.

Profiteering complaint resolved by acceptance of the investigation report; the respondent furnished an undertaking to pay identified profiteered amount and sought time to disburse refunds to numerous homebuyers. The adjudicative authority accepted the DGAP report and directed payment of the calculated sum of Rs. 67,02,147 to eligible homebuyers within three months. The respondent is also directed to pay interest to beneficiaries at the rate applicable under the CGST Rules for delayed payment. The matter is disposed of on these terms.

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Issues: Whether the DGAP report finding profiteering against the Respondent should be accepted and whether the Respondent is liable to pay the quantified profiteered amount of Rs. 67,02,147/- along with interest to the eligible homebuyers as per applicable law.

Analysis: The DGAP report quantified the amount of profiteering at Rs. 67,02,147/-. The Respondent has undertaken to pay that quantified amount and sought three months' time to effect payment to numerous homebuyers. The representative of the DGAP raised no objection to the undertaking. The applicable statutory framework for payment of interest on amounts directed to be refunded is Rule 133(3) of the CGST Rules, 2017, which prescribes the interest liability in cases of profiteering refunds. The proceedings therefore address (a) acceptance of the DGAP's quantified determination of profiteering, (b) a timeline for payment to eligible recipients, and (c) application of interest as per the statutory provision.

Conclusion: The DGAP report is accepted; the Respondent is directed to pay Rs. 67,02,147/- to eligible homebuyers within three months and to pay interest as applicable under Rule 133(3) of the CGST Rules, 2017; the Respondent must submit a compliance report to the jurisdictional Commissioner after completion of payments.

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