Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that that there was no change in the amount of profiteering of Rs. 1,54,269/- as was reported in DGAP's Investigation Report dated 23.03.2020. The Authority observed that the hat the Respondent has profiteered by an amount of Rs. 1,54,269/- for the project 'Celebrity Garden Block K' during the period of investigation i.e. 01.07.2017 to 30.09.2019. The Respondent shall reduce the prices to be realized from the buyers of the flats commensurate with the benefit of ITC received by him. The Respondent has denied the benefit of ITC to the customers/Home buyers in contravention of the provisions of Section 171 (1) and he has thus committed an offence under Section 171 (3A) of the above Act and therefore, liable for imposition of penalty under the provisions of the above Section. However, since the provisions of Section 171 (3A) have come into force w.e.f. 01.01.2020 whereas the period during which violation has occurred is w.e.f. 01.07.2017 to 30.09.2019, hence the penalty prescribed under the above Section cannot be imposed on Respondent retrospectively.

Held that:- The Hon’ble Anti-Profiteering Authority directed the jurisdictional Commissioners of CGST/SGST to ensure compliance of this order. They are directed to send a Report to this Authority and the DGAP in this regard, within four months.