This Court directs the petitioner to deposit the balance principal profiteered amount with the State Consumer Welfare Fund in six equated monthly installments.
The interest amount directed to be paid by the respondents as well as the penalty proceedings are stayed till further orders.
Section 171 of the CGST Act, 2017— Anti Profiteering -- The petitioner challenged final order dated 13th April, 2020 passed by NAPA whereby it has been held that the petitioner profiteered Rs.55,60,340/- (inclusive of GST Rs.2,64,778/-) during the period 01st January, 2019 to 31st March, 2019. The petitioner prayed for a declaration that Section 171(3) of Act and Rules specifically Rules 126, 127 and 133 are ultra vires and unconstitutional as well as a declaration that composition of NAPA is unconstitutional. The petitioner further submitted that he has already deposited fifty percent of the alleged profiteered amount of Rs.27,80,170/- on 13th October, 2020 and prayed that due to Covid-19 pandemic, the petitioner be allowed to deposit the balance amount in installments.
Held that:- The Hon’ble High Court issued notice and directed the petitioner to deposit the balance principal profiteered amount i.e. Rs.25,15,392/- (Rs.55,60,340/- minus Rs.2,64,778/- minus Rs.27,80,170/-) with the State Consumer Welfare Fund in six equated monthly installments commencing 02nd November, 2020.