| Chapter  XV Anti-Profiteering 133.  Order of the Authority.-  (1)  The Authority shall, within a period of 4[six] months  from the date of the receipt of the report from the 3Director  General of Anti-profiteering 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. 5[(2A)  The Authority may seek the clarification, if any, from the Director General of  Anti Profiteering on the report submitted under sub-rule (6) of rule 129 during  the process of determination under sub-rule (1).] 1(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, (c) the  deposit of an amount equivalent to fifty per cent. of the amount determined  under the above clause 5[along with interest at the rate of  eighteen per cent. from the date of collection of the higher amount till the  date of deposit of such amount] in the Fund constituted under section  57 and the remaining  fifty per cent. of the amount in the Fund constituted under section  57 of the Goods and  Services Tax Act, 2017 of the concerned State, where the eligible person does  not claim return of the amount or is not identifiable; (d) imposition  of penalty as specified under the Act; and (e)  cancellation of registration under the Act. Explanation:  For the purpose of this sub-rule, the expression, “concerned State” means  the State 5[or Union Territory]  in respect of which the Authority passes an order.”;  2(4)  If the report of the 3Director  General of Anti-profiteering 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 3Director  General of Anti-profiteering to cause further investigation  or inquiry in accordance with the provisions of the Act and these rules. 5[(5)  (a) Notwithstanding anything contained in sub-rule (4), where upon receipt of  the report of the Director General of Anti-profiteering referred to in sub-rule  (6) of rule 129, the Authority has reasons to believe that there has been  contravention of the provisions of section 171 in respect of goods or services  or both other than those covered in the said report, it may, for reasons to be  recorded in writing, within the time limit specified in sub-rule (1), direct the  Director General of Anti-profiteering to cause investigation or inquiry with  regard to such other goods or services or both, in accordance with the  provisions of the Act and these rules. (b)  The investigation or enquiry under clause (a) shall be deemed to be a new  investigation or enquiry and all the provisions of rule 129 shall mutatis  mutandis apply to such investigation or enquiry.]     Amendment:   	 1. Substituted by Notification  No. 26/2018 – Central  Tax issued dated 13th June, 2018   	 2.  Inserted by  Notification  No. 14/2018 –  Central Tax issued dated  23rd  March, 2018   	 3.  Substituted by Notification  No. 29/2018 – Central  Tax issued on 6th  July,2018   	 4.  Substituted by Notification No. 31/2019 – Central Tax Dated 28.06.2019.  in  sub-rule (1), for the word three following  word shall be substituted namely; six.   	 5.  Inserted by Notification  No. 31/2019 – Central Tax Dated 28.06.2019.    |