Case Law Details
Director General of Anti-Profiteering Vs Prasu Infrabuild Pvt. Ltd. (Competition Commission of India)
In a significant judgment by the Competition Commission of India (CCI), Prasu Infrabuild Pvt. Ltd. has been absolved from allegations of profiteering.
Analysis: The case started with a directive from the National Anti-Profiteering Authority (NAA) to the Director General of Anti-Profiteering (DGAP) to investigate potential profiteering by Prasu Infrabuild in projects beyond their “SKA Green Arch” project. The investigation by the DGAP, which included a detailed review of the company’s operations, revealed that Prasu Infrabuild was not involved in any other project apart from “SKA Green Arch”. The findings were corroborated by the UP Real Estate Regulatory Authority (RERA) and the Deputy Commissioner of State Tax, U.P. Therefore, the DGAP concluded that the provision in Section 171(1) of the CGST Act, 2017 was not applicable in this case.
Conclusion: The CCI, after careful examination of the DGAP’s report and corresponding documents, agreed with the DGAP’s conclusion. Given that Prasu Infrabuild was not involved in any other projects under the investigated GSTIN, the anti-profiteering provisions of Section 171 of the CGST Act, 2017 were not applicable. Consequently, the proceedings against Prasu Infrabuild under Rule 133(5) of the CGST Rules, 2017 were dropped.
FULL TEXT OF THE ORDER OF COMPETITION COMMISSION OF INDIA
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