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CMA Final · Indirect Tax Laws and Practice · Anti-profiteering

Under the anti-profiteering provisions of the CGST Act, 2017, a registered person who is found by the Authority to have profiteered is liable to a penalty equal to what proportion of the profiteered amount?

The penalty is ten per cent of the amount profiteered. Section 171(3A) ties the penalty to the profiteered sum determined by the Authority, not to the supplier's turnover or to a full repayment of that sum.

  1. ATen per cent of the amount so profiteeredCorrect
  2. BTwenty-five per cent of the amount so profiteered
  3. COne hundred per cent of the amount so profiteered
  4. DTen per cent of the turnover of the supplier

Explanation

Section 171(3A) provides that a registered person found to have profiteered is liable to a penalty equivalent to ten per cent of the amount profiteered. It is based on the profiteered amount, not on turnover. Hence the turnover-based option is wrong.

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