Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that the Respondent had benefitted to the additional input tax credit to the tune of 5.69% of the turnover in the post-GST which was required to be passed on by him to the respective buyers. Therefore, the Respondent is yet to pass an additional amount of Rs. 10,27,63,809/- (including GST) to the 466 buyers, identifiable as per the documents provided by the Respondent. The Authority observed that the Respondent has realized an additional amount of Rs. 12,78,61,818/- which includes both the profiteered amount @ 5.69% of the taxable amount (base price) and GST @ 12% on the said profiteered amount from the 535 buyers/recipients during the period from 01.07.2017 to 30.09.2020 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 30.09.2020, therefore, the Respondent is liable for imposition of penalty under the provisions of the above Section for the amount profiteered from 01.01.2020 onwards. Accordingly, notice be issued to him.