2020 (10) TMI 1054

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....ces Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the complaint of the Applicant No. 1 and found that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) in respect of the flats purchased by the above Applicant as well as other home buyers in his Project "Synera", as per the provisions of Section 171 (1) of the CGST Act, 2017. Vide his above Report the DGAP had also submitted that the Respondent had denied the benefit of ITC to the Applicant No. 1 and other buyers amounting to Rs. 1,42,06,267/-, pertaining to the period w.e.f. 01.07.2017 to 31.12.2018 and had thus indulged in profiteering and violation of the provisions of Section 171 (1) of the above Act. 2. This Authority ....

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....uld not be invoked and penalty should not be imposed on him as the provisions of Section 171 (3A) have come into force from 01.01.2020 vide Notification No. 01/2020-Central tax dated 01.01.2020 and the investigation carried out by the DGAP was limited upto 31.12.2018. He has also stated that in compliance to the Order of this Authority, he has transferred the benefit of ITC to the buyers of the project and accordingly informed the jurisdictional Commissioner of GST, Haryana vide his submissions dated 10.12.2019. 6. The DGAP has submitted his report dated 17.03.2020 on the above submissions of the Respondent and has interalia stated that vide e-mail dated 13.03.2020, the jurisdictional officer i.e. the Deputy Excise and Taxation Commissio....