2021 (1) TMI 418

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....CAL MEMBER, SH. AMAND SHAH, TECHNICAL MEMBER Present:- 1. None for the Applicants 2. None for the Respondent ORDER 1. The brief facts of the present case are that the Applicant No. 2 (here-in-after referred to as the DGAP) vide his Report dated 24.12.2019, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had....

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....d his liability for violation of the provisions of Section 171 (1) should not be fixed. After hearing both the parties this Authority vide its Order No. 78/2019 dated 24.12.2019 = 2019 (12) TMI 1159 - NATIONAL ANTI-PROFITEERING AUTHORITY had determined the profiteered amount as Rs. 9,03,44,071/-, as per the provisions of Section 171 (2) of the above Act read with Rule 133 (1) of the CGST Rules, 20....

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.... (3A) of the Act read with Rule 133 (3) (d) of the CGST Rules, 2017 should not be invoked and penalty should not be imposed on him as the provisions of Section 171 (3A) inserted vide Section 112 of the Finance Act, 2019 are effective prospectively from 01.01.2020. He has further submitted that the period of investigation covered by Authority vide its Order No. 78/2019 dated 24.12.2019 = 2019 (12) ....

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....t 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) has been added in Section 171 of the CGST Act, 2017 under which penalty can be imposed in the case of violation of Sec....