9911796707
TMI Blog2020 (12) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... TECHNICAL MEMBER Present:- 1. None for the Applicants. 2. None for the Respondent. ORDER 1. The brief facts of the present case are that the Applicant No. 2 (here-in-after referred to as the DGAP) vide his Report dated 02.04.2019, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be accepted and his liability for violation of the provisions of Section 171 (1) should not be fixed. After hearing both the parties at length this Authority vide its Order No. 71/2019 dated 13.12.2019 = 2019 (12) TMI 703 - NATIONAL ANTI-PROFITEERING AUTHORITY had determined the profiteered amount as Rs. 4,79,04,342/- as per the provisions of Section 171 (2) of the above Act read with Rule 133 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tomers along with copies of credit notes/letters wherein discount towards ITC benefit had already been passed. Further. vide his submissions dated 04.03.2020 the Respondent has submitted that he had challenged this Authority's order dated 13.12.2019 = 2019 (12) TMI 703 - NATIONAL ANTI-PROFITEERING AUTHORITY, confirming profiteering of Rs. 4.79 crores, before the Hon'ble Delhi High Court an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification 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. 01.07.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
