TMI Blog2020 (11) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... lso 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 under it as it does not provide penalty for not passing on the benefits of tax reduction and ITC and hence the above penalty cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the DGAP had also submitted that the Respondent had denied the benefit of ITC to the above buyers amounting to ₹ 38,29,753/-, pertaining to the period w.e.f. 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 28.11.2018 had issued notice dated 06.12.2018 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. 21/2019 dated 28.03.2019 = 2019 (3) TMI 1470 - NATIONAL ANTI-PROFITEERING AUTHO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er No. 21/2019 dated 28.03.2019 = 2019 (3) TMI 1470 - NATIONAL ANTI-PROFITEERING AUTHORITY which depicted his bonafide intentions, penalty should not be imposed upon him. 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 has not passed on the benefit of additional Input tax Credit (ITC) to the above Applicant as well as other buyers who had purchased flats from the Respondent during the period from 01.07.2017 to 31.08.2018 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 prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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