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Not passed ITC Benefit before 01.01.2020 but no section 171(3A) Penalty

August 27, 2020 789 Views 0 comment Print

Pawan Kumar Vs S3 Buildwell LLP (NAA) 1. The brief facts of the present case are that the Applicant No. 72 (here-in-after referred to as the DGAP) vide his Report dated 04.06.2019, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had […]

No Section 171(3A) penalty for violations between 01.07.2017 to 30.09.2018

August 27, 2020 564 Views 0 comment Print

Sandeep Kumar Vs Nani Resorts and Floriculture Pvt. Ltd. (NAA) Penalty should not be imposed for violation of the provisions of Section 171(1) during the period from 01.07.2017 to 30.09.2018 as the provisions of Section 171(3A) have come into force from 01.01.2020 and they cannot have retrospective operation. FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING […]

No Penalty for violation of Section 171(1) of CGST Act before 01.01.2020

August 25, 2020 3204 Views 0 comment Print

Vasantbhai Bhikabhai Patel Vs Shree Infra (NAA) 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) was added in Section 171 of the CGST Act, 2017 and penalty was proposed to be imposed in the case […]

GST: Penalty for Section 171(1) violation effective from 01.01.2020

August 24, 2020 2211 Views 0 comment Print

Ratish Nair Vs Man Realty Ltd. (NAA) In this case Respondent has not passed on the benefit of input tax credit to his buyers w.e.f 01.07.2017 to 30.09.2018 and hence, the Respondent has violated the provisions of Section 171(1) of the CGST Act, 2017. It is also revealed from the perusal of the CGST Act […]

Section 171(3A) Penalty cannot be imposed retrospectively: NAA

August 24, 2020 813 Views 0 comment Print

Pranesh Pathak Vs Bhutani International Medicos (NAA) Since, no penalty provisions were in existence between the period w.e.f. 27.07.2018 to 31.03.2018 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. FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING APPELLATE AUTHORITY […]

Section 171(3A) of CGST Act comes in to force w.e.f. 01.01.2020

August 24, 2020 2025 Views 0 comment Print

NAA Order: Respondent violated CGST Act by not passing GST rate reduction benefits. No penalty for violation of Section 171 (1) between 15.11.2017 to 31.03.2018.

Declaration filed by petitioner in Form SVLDRS-1 is final: HC

August 19, 2020 1161 Views 0 comment Print

Jagadish Advertising Vs Designated Committee (Karnataka High Court) The petitioner in this petition has sought for quashing of the statement issued by the Designated Committee in Form Nos. SVLDRS-2 & SVLDRS-3 and is seeking for a direction to the Designated Committee to accept the declaration made by him in Form No.SVLDRS- 1 as final. In […]

Gujarat HC quashes VAT order passed due to Procedural Lapses

August 18, 2020 4116 Views 0 comment Print

Vivaa Tradecom Pvt. Ltd. Vs State of Gujarat (Gujarat High Court) The Gujarat High Court quashed the order and the demand notice passed by the respondent authority because of the procedural lapses and remitting the matter back to the respondent authority for fresh hearing. The first writ applicant, M/s Viva Tradecom Pvt. Ltd is a […]

AAR allowed withdrawal of application on request of applicant

July 17, 2020 744 Views 0 comment Print

In re Chaitanya Rural Development Association (GST AAR Andhra Pradesh) We have gone through the submission made by the applicant regarding the applicability of the GST rate to the aforesaid transaction. But, before going into the merits of the case, we examine the plea made by the applicant before this authority in his letter dated: […]

GST on slump sale – AAR allows withdrawal of Application

July 17, 2020 1086 Views 0 comment Print

In re NIKO (NECO) Limited (GST AAR Andhra Pradesh) If transfer of Block Interest qualifies as a slump sale under the Income Tax Act, 1961, whether exemption from GST levy can be claimed on the same by the applicant? We have gone through the entire submission made by the applicant regarding the applicability of the […]

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