Case Law Details
Aruna Popat Vs Shalwak Infrabulls (Competition Commission of India)
The Competition Commission of India (CCI) recently closed a profiteering investigation against Shalwak Infrabulls, a property developer. The case revolved around Input Tax Credit (ITC) benefits in the GST regime, focusing on whether these were passed on to the consumers or not. The investigation came to an end when it was found that the developer had already passed on the ITC benefits to the applicant, Aruna Popat. This article explores the intricate details of the case and what it means for property buyers and developers in India.
The Context
A profiteering investigation was initiated by the Director General of Anti-Profiteering (DGAP) against Shalwak Infrabulls for their project “Shalwak Elite” in Nagpur. The investigation aimed to determine if the developer passed on the benefits of ITC to the buyers, as mandated by Section 171(1) of the CGST Act, 2017.
The DGAP’s Investigation
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