Case Law Details
Director General of Anti-Profiteering Vs JKG Construction Pvt. Ltd. (Competition Commission of India)
In the wake of an order by the National Anti-profiteering Authority (NAA), an investigation was launched into JKG Construction Pvt. Ltd.’s operations to identify any instances of profiteering beyond the ‘JKG Palm Court’ project. The investigation stemmed from a previous profiteering amount of Rs. 5,14,06,920/- that was confirmed by the NAA, leading to concerns that other projects could also be affected. However, the investigation concluded that JKG Construction Pvt. Ltd. had not undertaken any other project beyond ‘JKG Palm Court’. This conclusion was supported by data from the UP Real Estate Regulatory Authority (RERA) and the Commissioner of State Tax, Lucknow.
After a thorough investigation, the CCI has ruled out any further anti-profiteering activities by JKG Construction Pvt. Ltd. This verdict confirms that the company did not execute any other project aside from ‘JKG Palm Court’. As such, the allegations of profiteering in other projects have been dropped.
FULL TEXT OF THE ORDER OF COMPETITION COMMISSION OF INDIA
1. The present Report dated 13.02.2023, has been received from the Director General of Anti-Profiteering (DGAP) after an investigation as per the directions passed under Rule 133(5) of the Central Goods and Service Tax (CGST) Rules, 2017 vide Order No. 80/2022 dated 30.09.2022 by the National Anti-profiteering Authority (NAA) in the case of M/s JKG Construction Pvt. Ltd. (Respondent) in respect of the projects other than ‘JKG Palm Court’.
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