2023 (8) TMI 338

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....ce Tax Rules, 2017 (hereinafter referred to as the "Rules") contained in erstwhile National Anti-profiteering Authority's (hereinafter referred to as the "NAA") Order No. 68/2022 dated 02.09.2022, passed in the project "Bhagwati Eminence" executed by M/s Bhagwati Infra, 1306, Real Tech Park, Plot No. 39/2, Sector - 30A, Opp. Vashi Railway Station, Vashi, Navi Mumbai - 400705. (hereinafter referred to as "the Respondent"). 2. The DGAP vide his first Investigation Report dated 04.11.2020 had reported that the Respondent had profiteered an amount of Rs. 1,56,77,149/- while executing the 'Bhagwati Eminence' project which was required to be passed on to the home-buyers. 3. The NAA vide its Order No. 68/2022 dated 02.09.2022 had det....

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....dmitted that the benefit of ITC had not been passed on to the customers of the projects other than "Bhagwati Eminence", by way of commensurate reduction in prices and if so, to suo moto determine the quantum thereof and indicate the same in his reply to the Notice as well as furnish all the supporting documents. b. The period covered by the current investigation is from 01.07.2017 to 31.08.2022. c. In reply to the notice of the DGAP, the Respondent replied that he had not started any project other than Bhagwati Eminence till date hence there was no benefit of ITC to be passed on to the customers. The Respondent also provided a copy of the financials for FY 2021-22 along with the reply. d. In order to verify Respon....

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....rices", is not applicable in the present case. 6. This Commission has carefully considered the Report of the DGAP and the other material placed on record and finds that the DGAP, in pursuance to the Order No. 68/2022 dated 02.09.2022, has investigated the matter pertaining to the other projects executed by the Respondent in terms of Section 171 of the CGST Act, 2017 and the Rules made thereunder, so as to determine whether there had been any profiteering by the Respondent. Thereafter the DGAP has submitted that no other project has been executed by the Respondent except the project "Bhagwati Eminence", profiteering in respect of which has already been determined by the NAA vide Order dated 02.09.2022. 7. The DGAP has furnished his Rep....