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Profiteering Probe Halted: Anti-Profiteering Inquiry Closed After Comprehensive GST Registration and Project Review NAA investigated potential profiteering under CGST Act for projects under same GST registration. DGAP found two projects under different GSTINs. ...
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Profiteering Probe Halted: Anti-Profiteering Inquiry Closed After Comprehensive GST Registration and Project Review
NAA investigated potential profiteering under CGST Act for projects under same GST registration. DGAP found two projects under different GSTINs. Competition Commission verified only one project was under investigation. The commission dropped proceedings, concluding no additional anti-profiteering violations existed, as the original project had already been examined and resolved.
Issues involved: Determination of profiteering under Section 171 of the CGST Act, 2017 for projects under the same GST Registration No.
Summary:
Issue 1: Investigation and direction for further investigation
The National Anti-Profiteering Authority (NAA) confirmed profiteering in a project and directed the Director General of Anti-Profiteering (DGAP) to investigate all other projects under the same GST Registration No. The DGAP conducted an investigation covering the period from 01.07.2017 to 30.06.2022.
Issue 2: Response and verification by the Respondent
The Respondent replied to the notice stating that only one project, "Migsun Wynn," had been investigated and profiteering determined. The Respondent claimed not to have any other projects falling under the same GSTIN. The DGAP verified this claim and found another project, "Migsun Janpath," registered under a different GSTIN.
Issue 3: Conclusion by the DGAP and the Commission
The DGAP concluded that Section 171 (1) of the CGST Act, 2017 was not applicable as the Respondent was executing only one project. The Competition Commission of India considered the DGAP's report and verified that the Respondent was executing a single project, "Migsun Wynn," and another project, "Migsun Janpath," under different GSTINs.
Final Decision:
The Commission found that the case did not fall under the Anti-Profiteering provisions as the Respondent was not executing any project other than "Migsun Wynn," which had already been investigated and profiteering determined. Consequently, the proceedings against the Respondent were dropped, and the order was to be supplied to all parties involved.
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