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Since no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 30.06.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) also cannot be imposed on the Respondent retrospectively.

Anti-Profiteering — Section 171 of the CGST Act, 2017— The DGAP conducted investigation in respect of an application alleging profiteering by the Respondent by not passing on the benefit of ITC in respect of the Villa No. B-02 purchased by him in the Respondent's project “City Park Township”, Lodhipur, Shahjahanpur, UP w.e.f. 01.07.2017. The DGAP had submitted that the Respondent had denied the benefit of ITC amounting to Rs. 81,67,546/- pertaining to the period from 01.07.2017 to 30.06.2018 and had thus indulged in profiteering and violation of the provisions of Section 171 (1).
Held that:- The Hon’ble Anti-Profiteering Authority held that since no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 30.06.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. Accordingly, the notice dated 05.07.2019 is hereby withdrawn.—Peeyush Awasthi, Director General of Anti-Profiteering, Indirect Taxes & Customs Vs. Sun Infra Services Pvt. Ltd. [2020] 27 TAXLOK.COM 086 (NAPA)