Anti-profiteering methodology required further verification before profiteering could be conclusively determined on the existing record.

Profiteering computations under the anti-profiteering framework were found insufficiently reasoned where the DGAP's report left unresolved disputes over base-price averaging, comparison sequence, comparable product codes, exclusion of credit-note transactions, exclusion of non-impacted goods, and other claimed adjustments. The Authority held that, on the existing record, the methodology and competing calculations were not adequately verified or explained, so a conclusive determination could not be made. The matter was therefore sent back for further investigation and a fresh report, with directions for the respondent to provide additional SKU-wise and transaction-wise details and to cooperate in the renewed inquiry.

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Issues: Whether the DGAP reports on profiteering could be accepted as final, or whether the matter required further investigation because the computation methodology and several claimed adjustments were not adequately reasoned or verified.

Analysis: The reports quantified profiteering on the basis of comparative base prices, but the record showed unresolved disputes regarding averaging of pre-rate-reduction prices, sequence of comparison, use of comparable product codes, exclusion of credit-note transactions, exclusion of non-impacted goods, and other adjustments claimed by the respondent. The Authority found that the DGAP had left several rectifications to be accepted only if decided by the Authority, without furnishing sufficient reasons for the original methodology or for the proposed corrections. In the absence of clear findings and a fully reasoned basis for accepting or rejecting the competing computations, a conclusive determination on profiteering could not be made on the existing record.

Conclusion: The DGAP reports were not accepted, and the matter was sent back for further investigation and a fresh report, with directions to the respondent to furnish additional SKU-wise and transaction-wise details and to cooperate in the renewed inquiry.

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