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Respondent has deliberately and consciously acted in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and hence he is liable for imposition of penalty under Section 171 (3A) of the above Act read with Rule 133 (3) (d) of the CGST Rules, 2017.

Anti-Profiteering — The Respondent has profiteered an amount of Rs.16,45,559/- as he has not passed on the benefit of tax reductions to his customers. It is also apparent that the Respondent has deliberately and consciously acted in contravention of the provisions of Section 171 (1) of the CGST Act, 2017 and hence he is liable for imposition of penalty under Section 171 (3A) of the above Act read with Rule 133 (3) (d) of the CGST Rules, 2017. Keeping in view the principles of natural justice, before imposition of penalty, a notice be issued to him asking him to explain why penalty should not be imposed on him under the above provision. Accordingly, the show cause notice dated 13.11.2018 issued to the Respondent asking him to explain why penal provisions under Section 29, 122-127 of the CGST Act, 2017 read with Rule 21 & 133 of the CGST Rules, 2017 should not be invoked against him is withdrawn to that extent. — Director General of Anti-Profiteering, Central Board Of Indirect Taxes & Customs Vs. Krishna Trading Company [2019] 19 TAXLOK.COM 047 (NAPA)