It shall be the duty of the Authority,-
(i) to determine whether any reduction in the rate of tax on any supply of goods or services or the benefit of input tax credit has been passed on to the recipient by way of commensurate reduction in prices;
195Inserted vide Notification No. 14/2018-ST dt. 30.03.2018 196Substituted vide S.O. No. 130- Dated - 14.11.2017 for “Provided further that upon the recommendations of the Council and subject to an opportunity of being heard, the Central Government may terminate the appointment of the Chairman at any time.” 197Inserted vide Notification No. 14/2018-ST dt.30.03.2018 198Substituted vide S.O. No. 130- Dated - 14.11.2017 for “Provided further that upon the recommendations of the Council and subject to an opportunity of being heard, the Central Government may terminate the appointment of the Technical Member at any time.” 199Substituted for the word “Safeguards” vide Notf no. 29/2018-ST dt. 26.07.2018 [w.e.f 12.06.2018] 200Substituted vide Notf no. 14/2018-ST dt.30.03.2018 for “The Additional Director General of Safeguards under the Board shall be the Secretary to the Authority.” 113
(ii) to identify the registered person who has not passed on the benefit of reduction in the rate of tax on supply of goods or services or the benefit of input tax credit to the recipient by way of commensurate reduction in prices;
(iii) to 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 percent. from the date of collection of the higher amount till the date of the return of such amount or recovery of the amount 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 in the Act; and
(d) cancellation of registration under the Act.
[(iv) to furnish a performance report to the Council by the tenth [day]201 of the close of each quarter.]202
101. Examination of application by the Standing Committee and Screening Committee.-(1) The Standing Committee shall, within a period of two months from the date of the receipt of a written application [or within such extended period not exceeding a further period of one month for reasons to be recorded in writing as may be allowed by the Authority,]203 in such form and manner as may be specified by it, from an interested party or from a Commissioner or any other person, examine the accuracy and adequacy of the evidence provided in the application to determine whether there is prima-facie evidence to support the claim of the applicant that the benefit of reduction in the rate of tax on any supply of goods or services or the benefit of input tax credit has not been passed on to the recipient by way of commensurate reduction in prices.
(2) All applications from interested parties on issues of local nature [or those forwarded by the Standing Committee]204shall first be examined by the State level Screening Committee and the Screening Committee shall, [within two months from the date of receipt of a written application, or within such extended period not exceeding a further period of one month for reasons to be recorded in writing as may be allowed by the Authority, ]205 upon being satisfied that the supplier has contravened the provisions of section 171, forward the application with its recommendations to the Standing Committee for further action.
201Inserted vide Notf no. 14/2018-ST dt. 30.03.2018 202Inserted vide S.O. No. 89 Dated- 06.10. 2017 203 Inserted vide Notf no. 31/2019 – ST dt. 11.10.2019 204 Inserted vide Notf no. 31/2019 – ST dt. 11.10.2019 205 Inserted vide Notf no. 31/2019 – ST dt. 11.10.2019 114