Latest GST Judgments

For Full Access To All Latest Judgments on GST
Click Here To Subscribe Now
Take a tour of our GST Library

The penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively.

Section 171 of the CGST Act, 2017— Anti- Profiteering – The DGAP vide Report submitted that the Respondent had increased the base price of the product from Rs. 155/- to Rs. 170/- when the rate of GST was reduced from 18% to 5%. The DGAP held that the respondent profiteered by way of increasing the base prices of the products, to more than offset the impact of denial of ITC, despite a reduction in the GST rate from 18% to 5% w.e.f. 15.11.2017. Hence, contravened the provisions of Section 171 (1). The total profiteered amount as computed by the DGAP was Rs. 1,04,70,664/- Held that:- The Hon’ble Anti-Profiteering Authority directed Respondent to deposit the profiteered amount into Central and State CWF alongwith 18% interest within three months. Since penalty provisions were not in operation during the period 15.11.2017 to 30.06.2018 when the Respondent had committed the violation and hence, the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, notice for imposition of penalty is not required to be issued to the Respondent.
Check Your Tax Knowledge
Youtube
Product Demo
Professional services available
Tax Lok English Viedo
Tax Lok Hindi Viedo

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.