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Builder not liable for profiteering where it neither carried forward ITC of pre-GST regime nor availed of ITC in GST

July 3, 2019[2019] 107 50 (NAA)

GST : Where applicant filed application before Anti-profiteering Authority alleging that respondent-builder had resorted to profiteering in respect of supply of construction services related to purchase of an apartment in project 'Independent Floor Phase-II', Vatika India Next, Gurugram and also that respondent had not passed on benefit of Input Tax Credit (ITC) by way of commensurate reduction in price of apartment purchased by him, on implementation of GST with effect from 1-7-2017, it was held that respondent had completed project 'Independent Floor Phase-II' prior to implementation of GST and it had neither availed ITC on any of inputs procured in GST Regime, nor had it availed/carried forward pre-GST credit pertaining to stock held in hand as on 30-6-2017 and, therefore, it was not liable to pass on benefit of ITC to applicant and provisions of section 171(1) had not been contravened as same were not even applicable

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