Section 171 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XXI, Miscellaneous

At a glance

Entitlement and conditions

  • 171(3A)From 1 January 2020, a finding of profiteering attracts ten per cent of the determined amount, except where that amount is deposited within thirty days of the order. Profiteering is the determined unpassed benefit.

Bars, duties and time limits

  • 171(1)–(3)Pass the benefit through commensurate price reductions. On Council recommendations, Government may constitute or empower an authority to examine registered persons’ compliance, with prescribed powers and functions.

Procedure, powers and definitions

  • 171(2) added textAdded wording permits Government, on Council recommendations, to notify when examination requests stop. It defines a request as a written application and includes the Appellate Tribunal in Authority; its commencement date is unstated.
  • 171The law does not settle the scope of rate reduction, when a credit benefit arises, who bears the pass-on duty, or the level and period for comparing prices.

Tax-rate reductions and input tax credit benefits must reach recipients through commensurate price reductions. A notified authority examines compliance using prescribed powers. Added wording permits a notified cut-off for examination requests, but its commencement is unstated. A profiteering finding carries a penalty, except where the determined amount is deposited within thirty days of the order.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 171, verbatim (show)

Section 171

* Section 171. Antiprofiteering measure.- **

(1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.

(2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him.

2[Provided that the Government may by notification, on the recommendations of the Council, specify the date from which the said Authority shall not accept any request for examination as to whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him.

Explanation1.––For the purposes of this sub-section, “request for examination” shall mean the written application filed by an applicant requesting for examination as to whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him.

Explanation 2.––For the purposes of this section, the expression “Authority” shall include the “Appellate Tribunal]

(3) The Authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribed.

1[(3A) Where the Authority referred to in sub-section (2), after holding examination as required under the said sub-section comes to the conclusion that any registered person has profiteered under sub-section (1), such person shall be liable to pay penalty equivalent to ten per cent. of the amount so profiteered:

Provided that no penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order by the Authority.

Explanation.-For the purposes of this section, the expression "profiteered" shall mean the amount determined on account of not passing the benefit of reduction in rate of tax on supply of goods or services or both or the benefit of input tax credit to the recipient by way of commensurate reduction in the price of the goods or services or both]

* Enforced w.e.f. 1st July, 2017.

** Kindly also refer to Notification No. 65/2020 – CT dated 1st Sept., 2020 and Notification No. 91/2020 – CT dated 14th Dec., 2020 (w.e.f. 01.12.2020).

1. Inserted by s.112 of The Finance (No. 2) Act, 2019 (No. 23 of 2019) - Brought into force w.e.f. 01st January, 2020 vide Notification No. 1/2020-C.T., dated 1-1-2020.

2. Inserted by section 148 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope the section as a whole

Questions to answer on the file4 questions
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The benefit sub-section (1) speaks of 171(1) opening words

Questions to answer on the file4 questions
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Passing it on by a commensurate reduction in prices 171(1) closing words

Questions to answer on the file4 questions
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The Authority and the examination under sub-section (2) 171(2) with its proviso and Explanations 1 and 2

Questions to answer on the file7 questions
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The powers and functions of the Authority 171(3)

Questions to answer on the file3 questions
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The penalty under sub-section (3A) 171(3A) with its proviso and its Explanation

Questions to answer on the file8 questions
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Amendment history

The CBIC text carries 4 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 171 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
records the commencement of the section; it changes no word of itthe notification enforcing the sectionw.e.f. 1st July, 2017
points the reader at two notifications; it changes no word of the sectionNotification No. 65/2020 - CT dated 1st Sept., 2020 and Notification No. 91/2020 - CT dated 14th Dec., 2020[2][3]the second is marked w.e.f. 01.12.2020
1inserted sub-section (3A) with its proviso and its Explanations.112 of The Finance (No. 2) Act, 2019 (No. 23 of 2019)[4][5]w.e.f. 01st January, 2020 vide Notification No. 1/2020-C.T., dated 1-1-2020
2inserted the proviso to sub-section (2) and Explanations 1 and 2section 148 of The Finance Act (No. 2) Act, 2024 (No. 15 of 2024) dated 16.08.2024[6]not stated in the pull; the footnote gives only the date of the Act
Provisions connected to Section 171
ProvisionConnectionWords that tie them
Section 2171(1) defined by Section 2 clause (93)171(1) "shall be passed on to the recipient"
Section 2171(1) defined by Section 2 clause (63)171(1) "or the benefit of input tax credit"
Section 2171(2) defined by Section 2 clause (36)171(2) "on recommendations of the Council"
Section 109Explanation 2 same as Section 109Explanation 2 "For the purposes of this section, the expression “Authority” shall include the “Appellate Tribunal"
Section 2171(3) defined by Section 2 clause (87)171(3) "as may be prescribed"
Section 109Section 109 requires 171(2)109(1) "adjudicating the cases referred to in sub-section (2) of section 171, if so notified under the said section"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Notifications (9)

NumberDateSubject
Notification No. 18/2024-Central Tax30 September 2024Seeks to notify Principal Bench of GST Appellate Tribunal to hear cases of anti-profiteering made under this section
Notification No. 19/2024-Central Tax30 September 2024Notification under Section 171 of CGST Act to provide for the sunset date. made under this section
Notification No. 23/2022-Central Tax23 November 2022Seeks to empower the Competition Commission of India to handle anti-profiteering cases under CGST Act, 2017 with effect from 01.12.2022. made under this section
Notification No. 24/2022-Central Tax23 November 2022Seeks to make fourth amendment (2022) to CGST Rules with effect from 01.12.2022.
Notification No. 65/2020-Central Tax1 September 2020Seeks to amend notification no. 35/2020-Central Tax dt. 03.04.2020 to extend due date of compliance under Section 171 which falls during the period from "20.03.2020 to 29.11.2020" till 30.11.2020.
Notification No. 31/2019-Central Tax28 June 2019Seeks to carry out changes in the CGST Rules, 2017. amended by a later instrument
Notification No. 14/2018-Central Tax23 March 2018Amending the CGST Rules, 2017(Third Amendment Rules, 2018).
Notification No. 10/2017-Central Tax28 June 2017Seeks to amend CGST Rules notification no 3/2017-Central Tax dt 19.06.2017 amended by a later instrument
Notification No. 07/2017-Central Tax27 June 2017Notification No. 7/2017- Central Tax amending Notification No. 3/2017- Central Tax has been issued

Unsettled questions

The words of section 171 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Is a reduction in rate of tax under sub-section (1) confined to a fall in the rate of tax notified for the supply itself, or does it reach a change that lowers the tax borne on the supply in some other way? The sub-section states no test and the Act defines neither the expression nor "rate of tax".
  2. What makes credit available to a supplier "the benefit of input tax credit" that sub-section (1) requires to be passed on? The Act defines input tax credit and says nothing about what the benefit of it is, or when such a benefit arises.
  3. On whom does sub-section (1) put the obligation to pass the benefit on?
  4. At what level is the commensurate reduction in prices to be tested — the individual supply, the unit of the good or service, the recipient, or the registration as a whole — and over what period is the comparison run? Sub-section (1) fixes neither.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 171. Anti-profiteering measure". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 4. Retrieved 17 September 2026.
  2. Notification No. 65/2020-Central Tax, dated 1 September 2020: Seeks to amend notification no. 35/2020-Central Tax dt. 03.04.2020 to extend due date of compliance under Section 171 which falls during the period from "20.03.2020 to 29.11.2020" till 30.11.2020. Cited in CBIC footnote `**`.
  3. Notification No. 91/2020-Central Tax, dated 14 December 2020: Seeks to extend the due dates for compliances and actions in respect of anti-profiteering measures under GST till 31.03.2021. Cited in CBIC footnote `**`.
  4. The Finance (No. 2) Act, 2019. Cited in CBIC footnote 1.
  5. Notification No. 01/2020-Central Tax, dated 1 January 2020: Seeks to bring into force certain provisions of the Finance (No. 2) Act, 2019 to amend the CGST Act, 2017. Cited in CBIC footnote 1.
  6. The Finance Act (No. 2) Act, 2024. Cited in CBIC footnote 2.

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