The Competition Commission of India (CCI) directed to drop the anti-profiteering proceedings initiated on the ground of no availability of CENVAT credit to compare with the input tax credit in the post goods and service tax era for the projects handled by the respondent.
Vishwanath Builders Projects Ltd, the respondent had submitted details of three projects namely Vishwanath Sopan, Vishwanath Sarathya, and Vishwanath Samam out of the 3 projects, the project Vishwanath Sopan had commenced and was completed in pre-GST era, and the project Vishwanath Samam commenced operations in the post-GST era and the third one Vishwanath Sarathya was started in the pre-GST era and was completed post coming into force of GST.
The Director General of Anti-Profiteering(DGAP )submitted that Investigation for the project Vishwanath Sarathya had already been concluded. The other two projects viz. “Vishwanath Sopan” having been executed entirely in the pre-GST period as well as the project “Vishwanath Samam” having been executed entirely in the post-GST period were outside the purview of Section 171 of the Central Goods and Service Tax Act (CGST), 2017.
The three-member Coram comprising Ravneet Kaur (Chairperson), Dr. Sangeeta Verma and Bhagwant Singh Bishnoi held that there was no availability of CENVAT credit to compare with an input tax credit which was available to the respondent in the post-GST era, therefore, the Anti-profiteering provisions under Section 171 of CGST Act do not apply to the project and dropped the Anti-Profiteering proceeding initiated under Rule 133 (5) of the CGST Rules.
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