Rule 133.
Order of the Authority. -
(1) The
Authority shall, within a period of 1[six]months from the date of the receipt
of the report from the 2[Director 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.
4[(2A) The
Authority may seek the clarification, if any, from the Director General of Anti
Profiteering on there port submitted under sub-rule (6) of rule 129 during the
process of determination under sub-rule (1).]
3[(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 4[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, 2017of 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 4[or Union Territory] in respect of which the Authority passes
an order.]
5[(4) If
the report of the 2[Director 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 2[Director General of Anti-profiteering] to cause further investigation
or inquiry in accordance with the provisions of the Act and these rules.]
4[(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.]
