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The allegation that the Respondent has not passed on the benefit of ITC in this case is not found sustainable.

Anti-Profiteering We find no reason to differ from the Report of DGAP and we therefore agree with his findings that the the provisions of Section 171 of the CGST Act 2017 have not been contravened in this case.

In view of our above findings, we conclude that the instant case does not fall under the ambit of Anti-Profiteering provisions of Section 171 of the CGST Act, 2017. Therefore, the allegation that the Respondent has not passed on the benefit of ITC in this case is not found sustainable. Accordingly, the application filed by Applicant No. 1, requesting action against the Respondent for alleged violation of the provisions of Section 171 of the CGST Act, is dismissed as not maintainable. — Paramjeet Rathee, Director General Of Anti-Profiteering, Indirect Taxes & Customs Vs. Supertech Limited [2020] 21 TAXLOK.COM 051 (NAPA)

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