2026 (3) TMI 73

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....oad Scheme, Lucknow-21, made a complaint to the Standing Committee alleging profiteering in respect of construction service supplied by the M/s Paarth Infrabuild Pvt. Ltd, 3rd Floor, Unit No. 302 & 303, Eldeco Corporate Tower, Gomti Nagar, Vibhuti Khand, Lucknow, Uttar Pradesh (hereinafter referred to as "Respondent") 2. It was alleged that the Respondent did not pass on the benefit of Input Tax Credit to the Complainant by way of commensurate reduction relating to their Project "Paarth Aadyant Lucknow Phase-1" situated at Gomti Nagar Extension, Shaheed Path, Lucknow-227016. 3. The application was examined by the Standing Committee and thereafter referred to the DGAP for carrying out a detailed investigation in the matter. 4. The D....

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....d the ratio of ITC availed to purchase value of goods and services during the pre-GST and post-GST period. The details are tabulated in following manner: - Particulars Pre-GST Period (upto June 2017) Post-GST Period (01.07.2017 to 10.11.2022) (Amount in Rs.) Credit of Central Excise Duty and Service Tax availed (A) 8,23,31,948 - Credit of VAT availed (B) 2,59,87,779 - ITC of GST availed (C) - 6,09,17,327 Total Credit availed (D=A+B+C) 10,83,19,727 6,09,17,327 Purchase Value of Goods and Services (Excluding Taxes and Duties) (E) 92,65,63,510 35,55,51,695 Ratio of Credit Availed to Purchase Value (in %) (F=D*100 /E) 11.69 17.13 12. On the basis of above computation, it was obse....

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....s. 41,41,538/-. The DGAP, on the basis of the document submitted by the Respondent made verification of such claim. It was observed by the DGAP on the basis of the voucher issued by the Respondent to the home-buyers, ITC benefit of Rs. 41,41,538/- was verified and thus adjusted against the profiteered amount. Therefore, the profiteered amount reduced to Rs. 1,70,87,844/-. 16. Under the proceedings before this Tribunal, notice was issued to the Respondent calling upon his written submission against the report of the DGAP. 17. The Respondent filed his written submission stating therein that he has passed on the GST benefit in respect of construction services amounting to Rs. 2,02,53,991/- to eligible home-buyers. The details of such hom....