Case Law Details
Kerala State Screening Committee on Anti-Profiteering Vs M/s VTWO Ventures (National Anti-Profiteering Authority)
It has been revealed that the Respondent has not passed on the benefit of reduction in GST rate from 28% to 18% w.e.f 15.11.2017 to 31.08.2018 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017.
It is further revealed that vide Section 112 of the Finance Act, 2019 specific penalty provisions have been added for violation of the provisions of Section 171 (1) which have come in to force w.e.f. 01.01.2020 by inserting Section 171 (3A).
Since, no penalty provisions were in existence between the period w.e.f. 15.11.2017 to 31.08.2018 when the Respondent had violated the provisions of Section 171 (1) the penalty prescribed under Section 171(3A) can not be imposed on the Respondent retrospectively.
FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING APPELLATE AUTHORITY
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