9911796707
TMI Blog2020 (12) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... om 15.11.2017 to 31.01.2018and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017 - 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 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 und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the above Applicant by way of commensurate reduction in the price of the product Vaseline VTM 400 ml , as per the 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 reduction in the rate of tax to the above Applicant and other customers amounting to ₹ 5,50,370/-, pertaining to the period w.e.f. 15.11.2017 to 31.01.2018 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 16.03.2018 had issued notice dated 23.03.2018 to the Respondent to show cause why the Report furnished by the DGAP should not be accepted and hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 2017 should not be invoked and penalty should not be imposed on him as these provisions do not apply on the issue of profiteering and therefore Section 122 (1) (i) or any other sub-clause of Section 122 of the CGST Act was inapplicable to the issue at hand. 6. 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 reduction in the rate of tax to the Applicant No. 1 and other customers by way of commensurate reduction in the price of the product Vaseline VTM 400 ml for the period from 15.11.2017 to 31.01.2018and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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