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2023 (8) TMI 1353 - COMPETITION COMMISSION OF INDIAProfiteering - Respondent had not passed on the benefit of ITC by way of commensurate reduction in the price - violation of provisions of Section 171 (1) of the CGST Act, 2017 - HELD THAT:- The Commission observes that no benefit of additional ITC during the GST period as compared to the pre-GST period has accrued in the case of this Project to the Respondent, which he is obliged to pass on to his buyers. Hence, the provisions of Section 171 of the CGST Act, 2017 are not attracted in this case and there is no requirement of any commensurate reduction in the prices of the units in the said project by the Respondent. Applicant No. 1 could have availed the above benefit only if the above project was under execution/implementation before the date of GST implementation viz., 01.7.2017. Hence, the allegations made by the Applicant No. 1 are incorrect and therefore, the same cannot be accepted. The Commission finds that the provisions of Section 171 (1) of the CGST Act, 2017 are not attracted in the Respondent’s project “Godrej Elements”. Therefore, the proceedings in the present case are hereby dropped.
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