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2023 (8) TMI 1031 - CCI - GSTProfiteering - benefit of ITC was not passed on to the recipients by the Respondent during the period from 01.07.2017 to 31.12.2018 - contravention of section 171 of CGST Act - HELD THAT - The DGAP in its Report has found that there is only one other project namely Godrej Elements , which was executed by the Respondent and the same has already been investigated by it and no profiteering has been found in respect of this project. The DGAP has also verified from the official website of the Maharashtra RERA that no other project is being executed by the Respondent. Hence, the DGAP has reported that there was no other project registered on the GSTIN 27AAICP7601B1ZO, which can be investigated in terms of Section 171 of the CGST Act, 2017. This Commission finds that the provisions of Section 171 (1) of the CGST Act, 2017 are not attracted in the case of other projects of the Respondent and therefore the present proceedings are hereby dropped.
Issues involved: Determination of profiteering in real estate projects under the Central Goods and Service Tax Rules, 2017.
Summary: The Competition Commission of India received a report from the Director General of Anti-Profiteering regarding profiteering in the 'Godrej 24' project executed by a specific company. The initial investigation found that the company had profiteered an amount that should have been passed on to home-buyers. Following this, the National Anti-profiteering Authority directed further investigation into other projects executed by the company to determine if profiteering had occurred. The subsequent report by the DGAP confirmed that only one other project, 'Godrej Elements,' had been executed by the company, and no profiteering was found in that project. The Commission reviewed the DGAP's report and confirmed that no profiteering was identified in the 'Godrej Elements' project. It was verified that no other projects were registered under the company's GSTIN for investigation. Consequently, the Commission concluded that the provisions of Section 171 (1) of the CGST Act, 2017 did not apply to the other projects of the company, and the proceedings were dropped. A copy of the order was to be provided to the company and the DGAP, and the case file was to be closed.
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