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

Sh. Pushpak Chauhan Vs Harish Bakers & Confectioners Pvt. Ltd. (NAA)

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. 16.11.2017 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 Respond

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