TMI Blog2020 (12) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Board of Indirect Taxes & Customs, Versus M/s. Aster Infrahome Pvt. Ltd. X X X X Extracts X X X X X X X X Extracts X X X X ..... aining to the period w.e.f. 01.07.2017 to 31.08.2018 and thus had 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 28.02.2019 had issued notice dated 05.03.2019 to the Respondent to show cause why the Report furnished by the DGAP should not be accepted and his liability for violation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 171 (3A) of the CGST Act, 2017 and therefore, the Respondent was liable for imposition of penalty under Section 171 (3A) of the above Act. 4. The Respondent was issued notice dated 27.12.2019 asking him to explain why the penalty mentioned in Section 171 (3A) of the CGST Act, 2017 read with Rule 133 (3) (d) of the CGST Rules, 2017 should not be imposed on him. 5. The Respondent was given opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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. 8. Since, no penalty provisions were in e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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