Rule 133 CGST Rules 2017
Summary of Rule 133 CGST Rules 2017
( Rule 133 CGST Rules 2017 explains Order of the Authority and is covered in Chapter XV – Anti-Profiteering : Inserted by the Central Goods and Services Tax (Second Amendment) Rules, 2017, w.e.f. 1-7-2017 Amended by Central Goods and Services Tax (Third Amendment) Rules 2018,Central Goods and Services Tax (Fifth Amendment) Rules, 2018 and CGST (Seventh Amendment) Rules 2018 )
Rule 133 CGST Rules 2017
Order of the Authority
133. (1) The Authority shall, within a period of three months from the date of the receipt of the report from the 3[Directorate 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.
2 [ (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 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 in respect of which the Authority passes an order.]
1 [ (4) If the report of the 3[Directorate 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 3[Directorate General of Anti-profiteering] to cause further investigation or inquiry in accordance with the provisions of the Act and these rules.]
Notes on Amendment in Rule 133 CGST Rules 2017
3. In rule 133, for the words “Director General of Safeguards”, wherever they occur, the words
“Director General of Anti-profiteering” substituted by CGST (Seventh Amendment) Rules 2018 Vide Notification No. 29/2018 Central Tax Dated 6th July, 2018
2 Substituted by the Central Goods and Services Tax (Fifth Amendment) Rules, 2018, w.e.f. 13-6-2018. Prior to its substitution, sub-rule (3) read as under :
“(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.” |
1 Sub-rule (4) inserted by the Central Goods and Services Tax (Third Amendment) Rules, 2018, w.e.f. 23-3-2018.
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