Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that provisions of Section 171(1) of the Act had been contravened by the Respondent and the total profiteering amount is Rs.  1,58,90,11,116/-. The Authority observed that the Respondent has denied the benefit of rate reduction to the recipients of his goods in contravention of the provisions of Section 171 (1). The Respondent has committed an offence by violating the provisions of Section 171 (1) during the period from 15.11.2017 to 31.12.2018, and therefore, he is liable for imposition of penalty under the provisions of Section 171 (3A) of the above Act. However, since the provisions of Section 171 (3A) have come into force w.e.f. 01.01.2020 whereas the period during which violation has occurred is w.e.f. 15.11.2017 to 31.12.2018, hence the penalty prescribed under the above Section cannot be imposed on Respondent retrospectively.

Held that:- The Hon’ble Anti-Profiteering Authority directed the jurisdictional Commissioners of CGST/SGST to ensure compliance of this order. They are directed to send a Report to this Authority and the DGAP in this regard, within four months.