Case Law Details
Director General of Anti-Profiteering Vs Panchshil Infrastructure Holding Pvt. Ltd. (Competition Commission of India)
The Competition Commission of India (CCI) has concluded its detailed investigation against Panchshil Infrastructure Holding Pvt. Ltd. on the grounds of anti-profiteering. Following a report by the Director General of Anti-Profiteering (DGAP), the Commission analyzed the application of anti-profiteering provisions in accordance with the Central Goods & Service Tax (CGST) Rules, 2017. This examination revolved around various projects undertaken by Panchshil Infrastructure and their compliance with the GST regime.
The DGAP’s investigation initiated upon an order by the erstwhile National Anti-Profiteering Authority (NAA), focusing on the benefits of ITC not passed on to recipients by Panchshil Infrastructure. Various details and factors were examined, including:
1. The Respondent’s Claims: Panchshil Infrastructure responded to the DGAP’s notice, outlining its arguments regarding the non-applicability of anti-profiteering provisions to certain projects, which were either sold post-receipt of OC or commenced in the GST regime.
2. Investigation of Projects: The DGAP closely examined the projects, including Yoovilla-Phase I, Tanti Villa, Yoovilla-Phase II, and SOHO, verifying them against MRERA registrations and evaluating their status under the CGST Act, 2017.
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