Ram Prakash Sharma Vs Ramprastha Promoter & Developer Pvt. Ltd
Date: August 5, 2022
Subject Matter
Ramprastha Promoter & Developer Pvt. Ltd guilty of profiteering for not passing additional ITC benefit to the buyers
Summary
The ITC as a percentage of the turnover that was available to the Respondent during the pre-GST period (April-2016 to June-2017) was 5.23% and during the post-GST period (July-2017 to September-2019), it was 13.15%. This confirms that, post-GST, the Respondent has been benefited from additional ITC to the tune of 7 92% (13.15%-5.23%) of his turnover and the same was required to be passed on to the Applicant No 1 and the other customers/ flat buyers/recipients. The DGAP has calculated the amount of ITC benefit to be passed on to all the customers/flat buyers/recipients as Rs 33,41,006/- on the basis of the information supplied by the Respondent