2020 (9) TMI 99

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....Sh. Deepak Chawla, Sh. Bhaskar, Ms. Mishika Kochar, Ms. Raj Kumari, Sh. Puran Lal, Sh. Sanjay Singh Rawat, Ms. Rajni Nagar, Ms. Sandhya Patro, Ms. Neha, Sh. Jitender Kumar, Sh. Neeraj Kumar, Ms. Mukta Taneja, Sh. Rajneesh Jain, Sh. Lalit Mohan Parashar, Sh. Bhasker Pandey, Sh. Jitendra Ms. Archana Khanna, Mr. Asif Khan/Ms. Shahjahan, Sh. R Bisht, bisht., Sh. Nitin Gupta, Sh. Sailesh Dikshit, Sh. Aman Sandhu, Sh. Deepak Kaul, Sh. Sarika Jindal, Ms. Ashmeet Nanda, Ms. Prashant Kumari, Mrs. Jyoti Kedia, Sh. Prem Kumar Dubey, Sh. Ankush Raghav, Sh. Hemant Kumar on behalf of Ms. Geeta De, Sh. Shyam Kumar, Sh. Dinesh Trivedi, Sh. Mohit Gupta, Sh. Sawan Chopra, Sh. Akhil, Sh. Sh. Himanshu Jain, Sh. Naveen Jain, Sh. Gaurav Sharma, Ms. Shipra Grover....

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....urnished 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 the concerned parties at length this Authority vide its Order No. 67/2019 dated 09.12.2019 = 2019 (12) TMI 585 - NATIONAL ANTI-PROFITEERING AUTHORITY had determined the profiteered amount as Rs. 2,69,77,661/- 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 was also held that the Respondent had denied the benefit of ITC by not reducing prices of the flats commensurately and had also compelled t....

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.... submitted that penalty should only be imposed when there is mens rea and deliberate attempt to violate the provisions of law. 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 ITC to his buyers w.e.f. 01.07.2017 to 31.12.2018 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 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....