Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report after a detailed investigation under Rule 129. The DGAP reported that the benefit of reduction in GST rate from 28% to 18% & 18% to 12% (w.e.f. 01.01.2019), was not passed on to the recipients by way of commensurate reduction in prices charged for the period from 01.01.2019 to 18.07.2019. The Authority observed that the respondent did not reduce the base prices of five categories of tickets in commensurate manner for the period from 01.01.2019 to 18.07.2019 and four categories for the period from 19.07.2019 to 31.01.2020 and has contravened the provisions of section 171 of the Act. Thus, the Respondent is directed to reduce his prices commensurately in terms of Rule 133 (3) (a) and directed to deposit an amount of Rs. 12,06,750/- in the Consumer Welfare Fund of the Central and the State Government in the ratio of 50:50. along with 18% interest payable. The Respondent has committed an offence for violation of the provisions of Section 171 (1) during the period from 01.01.2019 to 31.01.2020 therefore, he is apparently liable for imposition of penalty under the provisions of Section 171 (3A). These provisions came into effect from 01.01.2020 i.e penalty equivalent to ten per cent. of the profiteered amount will be imposed upon him for the amount collected after 01.01.2020.

Held that:- The Hon’ble Anti-Profiteering Authority directed no penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order. Further, directed the concerned Commissioners of CGST/SGST to monitor this order under the supervision of the DGAP by ensuring that the amount profiteered by the Respondents is deposited in the CWFs of the Central and the concerned State/UT Governments.