2023 (8) TMI 1032

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.... Service 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. 74/2022 dated 28.09.2022, passed in the project "ATS Rhapsody" executed by M/s ATS Township Pvt. Ltd, ATS Tower, Plot No. 16, Sector 135, Noida, Uttar Pradesh - 201305 (hereinafter referred to as "the Respondent"). 1. The DGAP vide his first Investigation Report dated 24.02.2021 had reported that the Respondent had profiteered an amount of Rs. 9,03,74,981/- while executing the `ATS Rhapsody' project which was required to be passed on to the home-buyers. 2. The NAA vide its Order No. 74/2022 dated 28.09.2022 had determined the profiteered amount as Rs. 9....

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....ot been passed on to the customers of the projects other than "ATS Rhapsody", 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 30.09.2022. c. In reply to the notice of the DGAP, the Respondent stated that he had not started any project other than ATS Rhapsody till date hence there was no benefit of ITC to be passed on to the customers. d. In order to verify Respondent's claim that he had not started any project other than " ATS Rhapsody", the details of Respondent's projects registered with U....

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....nsidered the Report of the DGAP and the other material placed on record and finds that the DGAP, in pursuance to the Order No. 74/2022 dated 28.09.2022, 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 "ATS Rhapsody", profiteering in respect of which has already been determined by the NAA vide Order dated 28.09.2022. 6. The DGAP has furnished his Report dated 03.03.2023 to the Commission, stating that no other projects are being executed ....