Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP submitted its report and concluded that the Respondent had profiteered an amount of Rs. 26,33,536/- (inclusive of GST) as additional ITC, after implementation of GST. The profiteered amount was 5.92% of the turnover. Therefore, in terms of Section 171, this profiteered amount of Rs. 26,33,536/- was required to be passed on to the eligible recipients. The Authority observed that the Respondent profiteered an amount for the period from 01.07.2017 to 30.11.2020, which was required to be passed on to home buyers/customers/recipients.

Held that:- The Hon’ble Anti-Profiteering Authority directed the Respondent to   pass on the profiteered amount along with the interest @ 18% per annum, within a period of 3 months. However, since the provisions of Section 171 (3A) have come into force w.e.f 01.01.2020 and the period of investigation is w.e.f. 01.07.2017 to 30.11.2020, therefore, the Respondent is liable for imposition of penalty under the provisions of the above Section for the amount profiteered from 01.01.2020 onwards. Accordingly, notice be issued to him.