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2023 (8) TMI 299 - COMPETITION COMMISSION OF INDIAProfiteering - projects other than project Crescent Bay - benefit of ITC not passed on - contravention of provision of Section 171 of the CGST Act, 2017 - HELD THAT:- This Commission has carefully considered the Report of the DGAP and the other material placed on record and finds that the DGAP, in SHRI BHARAT KASHYAP AND DIRECTOR GENERAL OF ANTI-PROFITEERING, CENTRAL BOARD OF INDIRECT TAXES & CUSTOMES VERSUS M/S L&T PAREL PROJECT LLP AND M/S OMKAR REALTORS & DEVELOPERS PVT. LTD [2022 (7) TMI 1441 - NATIONAL ANTI-PROFITEERING AUTHORITY], has investigated the matter pertaining to the other projects executed by the Respondent in terms of Section 171 of the CGST Act, 2017 and the Rules made there under so as to determine whether there has been any profiteering by the Respondent and found that no other project has been executed by the Respondent except the project “Crescent Bay”, profiteering in respect of which has already been determined by the NAA vide its order dated 29.07.2022. The above fact has also been corroborated from the website of the Maharashtra RERA as well as the reply of the Commissioner State Tax Maharashtra as per the report of the DGAP. This Commission finds that the provisions of Section 171 of the CGST Act, 2017 are not attracted in the case of the other projects of the Respondent and therefore the proceedings are accordingly dropped against him.
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