Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that the Respondent had benefitted additional ITC of 1.74% of the taxable turnover which the Respondent was required to be passed on and the provisions of Section 171 have been contravened by the Respondent during the period from 01.07.2017 to 31.03.2019. The Authority observed that the Respondent has profiteered by an amount of Rs. 24,78,383/- during the period of investigation i.e. 01.07.2017 to 31.03.2019, which was required to be passed on to home buyers/customers/recipients.

Held that:- The Hon’ble Anti-Profiteering Authority directed the Respondent to   pass on the profiteered amount along with the interest @ 18% per annum, within a period of 3 months. However, since the provisions of Section 171 (3A) have come into force w.e.f 01.01.2020 and the period of investigation is w.e.f. 01.07.2017 to 31.03.2019, therefore, penalty cannot be imposed on the Respondent retrospectively.