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Case Law Details

Case Name : Director General of Anti-Profiteering Vs Puma Realtors Pvt. Ltd. (Competition Commission of India)
Appeal Number : order No. 01/2023
Date of Judgement/Order : 10/07/2023
Related Assessment Year :
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Director General of Anti-Profiteering Vs Puma Realtors Pvt. Ltd. (Competition Commission of India)

Issue No. 1 addressed whether Anti-Profiteering proceedings initiated against Puma Realtors under Section 171 of the CGST Act should continue post the NCLT order dated 01.06.2021. The commission considered the NCLT’s order, which extinguished all liabilities, including passing on the benefit of ITC. Consequently, the proceedings were discontinued.

Issue No. 2 examined the directions to investigate M/s One Group Developers, who took over the project ‘Ire° Rise’ as per NCLT’s order. The commission found M/s One Group Developers liable for passing on the benefit of ITC under Section 171 of the CGST Act and directed the DGAP to investigate further.

FULL TEXT OF THE ORDER OF COMPETITION COMMISSION OF INDIA

The present Report dated 31.01.2023, has been received by the Competition Commission of India (hereinafter referred to as the “Commission”) from the Director General of Anti-Profiteering (herein after referred to as the “DGAP”) after a detailed investigation as per the directions given under Rule 133(4) of the Central Goods and Service Tax Rules, 2017(herein after referred to as the “Rules”) contained in erstwhile National Anti-profiteering Authority’s (herein after referred to as the “NAA”) Interim Order (I. 0.) No. 10/2022 dated 04.08.2022, passed in the matter of Project “Ireo Rise” executed by M/s Puma Realtors Pvt. Ltd. Regd. Office: 8D, Hansalaya 15, Barakhamba Road, New Delhi — 110001 (herein after referred to as “the Respondent”).

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