Case Law Details
Sh. Kuldeep Raosaheb Patil Vs Nayan Developers (Competition Commission of India)
The Competition Commission of India (CCI) recently concluded its investigation into the allegations of profiteering in the “Galaxy” project by Nayan Developers, brought forth by Sh. Kuldeep Raosaheb Patil. The order, dated 12.09.2022, sheds light on the investigation conducted by the Director-General of Anti-Profiteering (DGAP) under Rule 129 of the Central Goods & Service Tax (CGST) Rules, 2017.
Background of the Case: Sh. Kuldeep Raosaheb Patil alleged that Nayan Developers failed to pass on the benefits of input tax credit (ITC) to him through a commensurate reduction in the price of the flat purchased in the “Galaxy” project. The investigation, covering the period from 01.07.2017 to 28.02.2022, was initiated after a reference from the Standing Committee on Anti-profiteering on 14.03.2022.
Investigation Findings: The DGAP, in its report, highlighted the Respondent’s compliance with GST regulations, starting the “Galaxy” project in the post-GST period. The DGAP observed that there was no sale or allotment of flats in the project in the pre-GST era, making it challenging to compare prices and determine profiteering.
Key findings of the investigation:
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