We are of the opinion that justice cannot be done if the aforementioned supply chain wise data is not re-examined and the profiteered amount is not recomputed. Therefore, without going into merits of the case and without considering the other submissions of the Respondent and the Applicant at this stage, we find it imperative that there is need of recomputation of the profiteered amount.
Section 171 of the CGST Act, 2017— Anti- Profiteering – The applicant alleged that the Respondent had profiteered in respect of Power Bank “Portronics Power Slice 10” supplied by the Respondent. The applicant alleged that the Respondent did not reduce the selling price of the Power Bank when the GST rate was reduced from 28% to 18% w.e.f. 01.01.2019, vide Notification No. 24/2018-CT (Rate) dated 31.12.2018 and the price of the product remained the same, thus, the benefit of reduction in the GST rate was not passed on to the recipients by way of commensurate reduction in the price. The DGAP submitted that the allegation of profiteering against the Respondent by way of increasing the base prices of the products w.e.f. 01.01.2019 was found sustainable. That by increasing the base prices of the goods supplied by him, subsequent to the reduction in the GST rate and by not passing on the commensurate benefit of the reduction in the GST rate from 28% to 18% to his recipients, the Respondent had profiteered by an amount of Rs. 5,21,965/- and had contravened the provisions of Section 171 of the Act during the period from 01.01.2019 to 31.03.2019. The authority observed that the Respondent did not submit the supply chain wise data to the DGAP. Justice is to be done after supply chain wise data is re¬examined and the profiteered amount is recomputed.
Held that:- The Hon’ble Anti-Profiteering Authority directed the DGAP to further investigate the issues, and re-compute the profiteered amount, within a period of three months.