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TMI Blog2020 (11) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... his Project Nirala Greenshire for the period from 01.07.2017 to 31.12.2018 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017. Penalty - HELD THAT:- Since, no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 31.12.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, the notice dated 04.02.2020 issued to the Respondent for imposition of penalty under Section 177 (3A) is hereby withdrawn and the present penalty proceedings launched against him are accordingly dropped. - Case No. 67/2020 - - - Dated:- 29-10-2020 - DR. B. N. SHARMA, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... After hearing both the parties at length this Authority vide its Order No. 75/2019 dated 18.12.2019 = 2019 (12) TMI 923 - NATIONAL ANTI-PROFITEERING AUTHORITY had determined the profiteered amount as ₹ 2,88,43,422/- as per the provisions of Section 171 (2) of the above Act read with Rule 133 (1) of the CGST Rules, 2017 pertaining to the period from 01.07.2017 to 31.12.2018 and also held the Respondent in violation of the provisions of Section 171 (1). 3. It was also held that the Respondent had not passed on the benefit of ITC to the homebuyers and had profiteered the above amount between the period from 01.07.2017 to 31.12.2018 and therefore, he had apparently committed an offence under Section 171 (3A) of the CGST Act, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CGST Act, 2017. 7. It is also revealed from the perusal of the CGST Act and the Rules framed under it that the Central Government vide Notification No. 01/2020-Central Tax dated 01.01.2020 has implemented the provisions of the Finance (No. 2) Act, 2019 from 01.01.2020 vide which sub-section 171 (3A) was added in Section 171 of the CGST Act, 2017 and penalty was proposed to be imposed in the case of violation of Section 171 (1) of the CGST Act, 2017. 8. Since, no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 31.12.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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