The Competition Commission of India (CCI) dropped proceedings of Goods and Service Tax Anti-profiteering against the Panchashil Infrastructure on the ground of the ‘Panchashil Towers’ project was already subject to profiteering.
M/s Panchshil Infrastructure Holding Pvt. Ltd, the respondent submitted that other construction-related projects undertaken by the respondent had either been sold after obtaining Occupancy Certificate (“OC”) or had been commenced in the GST regime.
It was also stated that none of the projects had transitioned from the erstwhile tax regime and was amply clear that the sale of the building, post receipt of OC was excluded from the purview of GST and the anti-profiteering provisions would not apply to other projects undertaken by the Respondent as these projects had been either sold post receipt of undertaken post receipt of OC.
The Director General of Anti-Profiteering (DGAP) observed from submissions of the Respondent that he had received the OC in the pre-GST regime. Therefore, the Anti-profiteering provisions under Section 171 of the Central Goods and Service Tax Act (CGST),2017 did not apply to all the projects.
The three-member Coram comprising Ravneet Kaur (Chairperson), Sangeeta Verma, and Bhagwant Singh Bishnoi held that the instant case does not fall under the ambit of Anti-Profiteering provisions of Section 171 of the CGST Act and the proceedings initiated against the Respondent under Rule 133 (5) of the CGST Rules are dropped.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
