Section Section 171 of CGST Act :- Antiprofiteering Measure
Financial Year: 2017
Section 171 of CGST Act
Antiprofiteering measure
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Read with:- Notification No 23/2022 Central Tax Rate Rules 122 to 137 of CGST Rules |
(1) Any reduction in rate of tax on any supply of goods or services
or the benefit of input tax credit
shall be passed on to
the recipient by way of commensurate reduction in prices.
(2) The Central Government may,
on recommendations of the Council,
by notification, constitute an Authority,(updated by Notification No. 23/2022 of Central Tax)
or empower an existing Authority constituted under any law for the time being in force,
to examine whether input tax credits availed by any registered person
or the reduction in the tax rate
have actually resulted in a commensurate reduction in the price
of the goods or services or both supplied by him.
(3) The Authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribed.
(3A) Where the Authority referred to in sub-section (2), after holding examination as required under the said sub-section comes to the conclusion that any registered person has profiteered under sub-section (1), such person shall be liable to pay penalty equivalent to ten per cent. of the amount so profiteered.
Provided that no penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order by the Authority.
Explanation
For the purposes of this section, the expression profiteered shall mean the amount determined on account of not passing the benefit of reduction in rate of tax on supply of goods or services or both or the benefit of input tax credit to the recipient by way of commensurate reduction in the price of the goods or services or both.
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CA Rahul Gupta
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