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    <title>2023 (7) TMI 1218 - COMPETITION COMMISSION OF INDIA</title>
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    <description>The CCI held that profiteering proceedings under Section 171 of CGST Act, 2017 against the original developer could not continue after NCLT approved the resolution plan under IBC, as all liabilities were extinguished except those specifically included in the plan. The ITC benefit passing obligation was not incorporated in the approved resolution plan. However, the new management taking over the project remains liable for passing ITC benefits to homebuyers for ongoing collections and was directed to be investigated for potential Section 171 violations regarding the incomplete project.</description>
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      <description>The CCI held that profiteering proceedings under Section 171 of CGST Act, 2017 against the original developer could not continue after NCLT approved the resolution plan under IBC, as all liabilities were extinguished except those specifically included in the plan. The ITC benefit passing obligation was not incorporated in the approved resolution plan. However, the new management taking over the project remains liable for passing ITC benefits to homebuyers for ongoing collections and was directed to be investigated for potential Section 171 violations regarding the incomplete project.</description>
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