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SUNITA MALHOTRA & SH. VIJAY MALHOTRA AND OTHERS vs. GODREJ PROJECT DEVELOPMENT PVT. LTD AND OTHER
(National Anti Profiteering Authority)

Hon'ble Judges:

AMAND SHAH
PRAMOD KUMAR SINGH
HITESH SHAH
Pet. Counsel
Vijay Malhotra
Res. Counsel
Manish Gaur
Gagan Gugnani
Pawan Kabra

Petitioner / Applicant

SUNITA MALHOTRA & SH. VIJAY MALHOTRA AND OTHERS

Respondent GODREJ PROJECT DEVELOPMENT PVT. LTD AND OTHER
Court

NAA (National Anti Profiteering Authority)

Date Jul 19, 2022
Order No.

37/2022

Citation

2022(7) TAXREPLY 6145

Original Order
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ORDER

ORDER The instant Report dated 26.08.2020, received on 31.08.2020 has been furnished by the Applicant No. 2 i.e. Director General of Anti-Profiteering (DGAP) under Rule 129(6) of the Central Goods and Services Tax (CGST) Rules, 2017 pursuant to the Interim Order No. 16/2019 dated 28,11.2019 of the National Anti-Profiteering Authority (NAA or the Authority) in respect of earlier Report or DGAP dated 26.06.2019. The Authority vide said Interim Order had directed the DGAP to reinvestigate the matter under Rule 133 (4) of the CGST Rules 2017 on the following grounds/issue ;- (i) During the hearings, the Respondent No. 01 informed that the land-owner, Respondent No, 02 had 35% share in the project and that he was not aware whether the land-owner had passed on the ITC benefit to his customers or not, It was also clear that one of the Respondents i.e. Respondent No. 01, had availed the entire ITC and hence was required to pass on the commensurate benefits thereof to his recipients.....

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