9911796707
TMI Blog2020 (12) TMI 1203X X X X Extracts X X X X X X X X Extracts X X X X ..... It is also 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 Act as he had apparently issued incorrect or false invoices 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) was not covered under it as it does not provide penalty for not passing on the benefit of rate reduction and hence the above penalty cannot be impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,861/-, pertaining to the period w.e.f. 15.11.2017 to 31.01.2018 and he 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 02.04.2018 had issued notice 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. 08/2018 dated 25.09.2018 had determined the profiteered amount as ₹ 15,861/- 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 15. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e benefit of rate reduction to the above Applicant as well as other customers who had purchased various items from him during the period from 15.11.2017 to 31.01.2018 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017. 7. It is also 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 above 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 invoices while charging excess consideration and GST from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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