Anti-profiteering calculations must exclude reversed input tax credit, while penalties cannot apply before the penal provision commenced.
Anti-profiteering calculations under the CGST framework require the benefit of net available input tax credit to be passed to recipients through commensurate price reductions. Unutilised input tax credit that has been reversed is excluded when determining the additional credit benefit and any amount required to be returned. Amounts not passed on must be returned to eligible recipients with interest at 18% from collection until repayment. The penalty provision for anti-profiteering applies only from its commencement and cannot be imposed for conduct occurring before that date. Liability for the earlier period is therefore limited to restitution of the net credit benefit and statutory interest.
Issues: (i) Whether the revised anti-profiteering computation, after adjustment of reversed unutilised input tax credit, established an amount required to be passed on to recipients? (ii) Whether penalty under Section 171(3A) of the Central Goods and Services Tax Act, 2017 applied to the period from 01.07.2017 to 31.03.2019?
Issue (i): Whether the revised anti-profiteering computation, after adjustment of reversed unutilised input tax credit, established an amount required to be passed on to recipients?
Analysis: Section 171(1) requires the benefit of input tax credit to be passed to recipients through commensurate reduction in prices. The unutilised input tax credit of Rs. 5,26,200 reversed by the assessee was excluded from the calculation, leaving net post-GST credit of Rs. 57,68,679 and an additional credit benefit of 2.20%. The revised computation based on that net benefit was supported by the record. Rule 133(3)(b) requires return of the amount not passed on, with interest at 18% from collection until return.
Conclusion: Against the assessee: profiteering of Rs. 2,34,671, with GST of Rs. 28,161, totalling Rs. 2,62,832, was determined and must be passed on to eligible recipients with interest at 18%.
Issue (ii): Whether penalty under Section 171(3A) of the Central Goods and Services Tax Act, 2017 applied to the period from 01.07.2017 to 31.03.2019?
Analysis: The penal provision came into force on 01.01.2020, after the entire period under investigation had ended.
Conclusion: In favour of the assessee: no penalty under Section 171(3A) of the Central Goods and Services Tax Act, 2017 is imposable.
Final Conclusion: The liability is confined to restitution of the net input-tax-credit benefit, together with statutory interest, while no penal consequence arises for the pre-commencement period.
Ratio Decidendi: An anti-profiteering determination must be based on net available input tax credit after accounting for reversals, and a penalty provision cannot be imposed for conduct occurring before its commencement.