The National Anti-Profiteering Authority (NAA) has drops Anti-Profiteering Charges against M/s Alton Buildtech India Pvt. Ltd.
The application filed by Director-General of Anti-Profiteering (DGAP) in response to Authority’s order to investigate the two parts, i.e., phase ii and phase iii of the projects “Aangan” of the respondent, M/s Alton Buildtech India Pvt. Ltd against whom, in respect phase I of projects “Aangan”, an order confirming Anti-profiteering us 171 of CGST Act 2017 was passed.
The DGAP in its report has observed that the phase ii and iii of the project “Aangan” was launched in the post-GST era. DGAP conclusively submitted in its report that the provisions of section 171 (1) CGST Act 2017 are attracted neither Phase ii nor Phase iii of the project “Aangan”.
The authority relying on the DGAP report observed that the project has been started after coming into force of the GST. As the project was launched after the implementation of GST, apparently there was no pre-GST tax rate or input tax credit availability that could be compared with the post-GST tax rate and ITC to determine whether there was any benefit that was required to be passed on by way of reduced prices.
Accordingly, the respondent has not contravened the provisions of the Section 171 (1) of the CGST Act, 2017. Hence, find no merit, same accordingly dismissed.
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