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TMI Blog2019 (11) TMI 1508X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) of the CGST Act, 2017. Penalty - HELD THAT:- It is revealed from the perusal of the CGST Act and the Rules framed under it that no penalty had been prescribed for violation of the provisions of Section 171 (1) of the Act, therefore, the Respondent was issued show cause notice to state why penalty should not be imposed on him for violation of the above provisions as per Section 122 (1) (i) of the above Act as he had apparently issued incorrect or false invoice while charging excess consideration and GST from the buyers. However, from the perusal of Section 122 (1) (i) it is clear that the violation of the provisions of Section 171 (1) is not covered under it as it does not provide penalty for not passing on the benefits of tax reduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions of Section 171 (1) of the CGST Act, 2017. Vide his above Report the DGAP had also submitted that the Respondent had denied the benefit of input tax credit to the above Applicant and other buyers amounting to ₹ 99,20,246/- pertaining to the period from 01.07.2017 to 31.08.2018 and had thus indulged in profiteering and violation of the provisions of Section 171 (1) of the above Act. 2. This Authority after careful consideration of the Report dated 25.02.2019 had issued notice dated 05.03.2019 to the Respondent to show cause why the Report furnished by the DGAP should not be accepted and his liability for violation of the provisions of Section 171 (1) should not be fixed. After hearing the concerned parties at length thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CGST Rules, 2017 should not be imposed on him. 6. The Respondent vide his submissions dated 17.08.2019 has stated that the penal provisions under Section 122 of the Act read with Rule 133 (3) (d) of the CGST Rules, 2017 should not be invoked and penalty should not be imposed on him as he has filed Writ Petition No. 7911/201 9 before the Hon ble High Court of Delhi against the Order passed by this Authority and thus, the penal provisions should be kept in abeyance until the matter was heard and disposed of by the Hon ble High Court. However, the Hon ble High Court vide order dated 23.07.2019 has ordered that the penalty proceedings would continue and any orders passed therein would be subject to the outcome of the present petitions. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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