Rule 133 of ‘Central Goods and Services Tax (CGST) Rules 2017’: Order of the Authority (Anti-Profiteering)
Provisions under Rule 133 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Order of the Authority (Anti-Profiteering)”, are as under:
CGST Rule 133: Order of the Authority (Chapter-XV: Anti-Profiteering)
(1) The Authority shall, within a period of three months from the date of the receipt of the report from the Director General of [Anti-profiteering]$1 determine whether a registered person has passed on the benefit of the reduction in the rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices.
(2) An opportunity of hearing shall be granted to the interested parties by the Authority where any request is received in writing from such interested parties.
[(3) Where the Authority determines that a registered person has not passed on the benefit of the reduction in the rate of tax on the supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices, the Authority may order-
(a) reduction in prices;
(b) return to the recipient, an amount equivalent to the amount not passed on by way of commensurate reduction in prices along with interest at the rate of eighteen per cent. from the date of collection of the higher amount till the date of the return of such amount or recovery of the amount including interest not returned, as the case may be, in case the eligible person does not claim return of the amount or is not identifiable, and depositing the same in the Fund referred to in section 57;
(c) imposition of penalty as specified under the Act; and
(d) cancellation of registration under the Act.]$2
[(4) If the report of the Director General of [Anti-profiteering]$1 referred to in sub-rule (6) of rule 129 recommends that there is contravention or even non-contravention of the provisions of section 171 or these rules, but the Authority is of the opinion that further investigation or inquiry is called for in the matter, it may, for reasons to be recorded in writing, refer the matter to the Director General of [Anti-profiteering]$1 to cause further investigation or inquiry in accordance with the provisions of the Act and these rules.]$3
$1. The words “Director General of Safeguards” substituted with the words “Director General of Anti-profiteering” vide Notification No. 29/2018 Central Tax dt. 6 July 2018 w.e.f. 12 June 2018.
$2. Sub-rule (2) substituted vide Notification No. 26/2018 Central Tax dt. 13 June 2018
$3. Sub-rule (4) inserted vide Notification No. 14/2018 Central Tax dt. 23 March 2018
Above information is based on Updated Compilation of “CGST Rules 2017” (as amended upto 9 Oct. 2018) shared by CBIC (i.e. as notified/ amended upto 9 Oct. 2018 by the CBIC). For detailed/ official information and/or subsequent updates, please refer relevant Notifications.
It may be noted that Rules 27 to 138 (pertaining to various Chapters) of the Central Goods and Services Tax (CGST) Rules, 2017 were initially notified by CBIC (CBEC) vide CGST (2nd Amendment) Rules, 2017 Notification No. 10/2017 Central Tax dt. 28 June 2017, applicable w.e.f. 1 July 2017 (or as may be specified in respective Rules).