9911796707
TMI Blog2020 (12) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017. Penalty - HELD THAT:- 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 - 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter careful consideration of the Report dated 07.06.2019 had issued notice dated 12.06.2019 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 both the parties at length this Authority vide its Order No. 61/2019 dated 26.11.2019 = 2019 (11) TMI 1311 - NATIONAL ANTI-PROFITEERING AUTHORITY had determined the profiteered amount as ₹ 5,83,593/- 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il of Shri Sanjeev Kumar, Chief Manager, PNB BO Pimpri, Pune wherein he has confirmed the deposit of ₹ 6,00,140/-, ₹ 90,000/- and ₹ 49,512/- by the Respondent in favour of Smt. Renuka Pande, Shri Gokhale Shailendra and Shri Vinit Date vide cheque nos. 507865, 507864, 507861 respectively, who are the other beneficiaries of the benefit of ITC. 7. We have carefully considered the submissions of the Respondent and all the material placed before us and it has been revealed that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the above Applicant No. 1 as well as other homebuyers who had purchased them in his Project Navkar Darshan for the period from 01.07.2017 to 31.12.2018 and hence, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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