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Profiteering not attracted where there is no reduction in tax rate on construction services post-GST implementation

July 4, 2019[2019] 107 88 (NAA)

CGST : Where applicant had filed an application that respondent had resorted to profiteering in respect of supply of construction services related to purchase of flats, since applicant had applied for allotment and was allotted above flat after coming into force of GST w.e.f. 1-7-2017 and project was not under execution in pre-GST period i.e., before 1-7-2017, no comparison can be made between ITC which was available to respondent before 1-7-2017 and after 1-7-2017 to determine whether respondent had benefitted from additional availability of ITC or not and respondent through his sworn affidavit has also claimed that he had not availed benefit of ITC during pre-GST period and he had availed same on 28-7-2017, thus, there has been no additional benefit of ITC to respondent and, hence, he was not required to pass on its benefit to above applicant by reducing price of flat, there being no reduction in rate of tax or benefit of additional ITC to respondent, provisions of section 171 are not attracted in present case and allegation of profiteering is not established against respondent

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