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Respondent has denied the benefit of tax reduction to the customers in contravention of the provisions of Section 171(1) of the CGST Act, 2017 and he has thus committed an offence under Section 171(3A) of the CGST Act and therefore, he is liable for imposition of penalty under the provisions of the above Section with effect from 01.01.2020 onwards for the amount profiteered.

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 amounting to Rs. 1,18,33,987/-. The Authority  agreed with the findings of the DGAP and observed that the profiteered amount is determined as Rs. 1,18,33,987/-. The customer is identifiable.

Held that:- The Hon’ble Anti-Profiteering Authority directed the Respondent to reduce his prices commensurately in terms of Rule 133(3)(a) of the CGST Rules. The profiteered amount shall be passed on/refunded along with interest @ 18% within a period 3 months from the date of this order.

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