Extension of limitation under GST Law in terms of SC's Order dated 27th April 2021 - A Clarification



Quick Summary
The Central Board of Indirect Taxes and Customs (CBIC) has issued a circular clarifying the extension of time limits for various actions under GST law, as per the Supreme Court's order dated 27th April 2021. This extension, facilitated through notifications under Section 168A of the CGST Act, applies to actions falling within a specified period, with some exceptions. The clarification categorises actions into those initiated by taxpayers, quasi-judicial proceedings by tax authorities, and appeals against quasi-judicial orders, with different implications for each.

Clarification regarding extension of limitation under GST Law in terms of Honble Supreme Courts Order dated 27th April, 2021 - CBIC has issued a Circular No 157/13/2021-GST dated 20th July, 2021 clarifying the extension of limitation for various actions under the GST Laws pursuant to Honble Supr
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FAQ :

The circular clarifies the extension of limitation periods for various actions under GST law, following the Supreme Court's order dated 27th April 2021.

Notifications were issued under Section 168A of the CGST Act, 2017, to extend time limits for actions under the Act.

Actions are broadly categorised into those by taxpayers, quasi-judicial proceedings by tax authorities, and appeals against quasi-judicial orders.

No, actions and compliances that need to be done by taxpayers continue to be governed by the statutory mechanism and time limits provided or extended under the statute itself.

Tax authorities can continue to hear and dispose of proceedings including applications for refund, revocation of registration cancellation, and adjudication of demand notices.

No, the extension is primarily applicable to appeals required to be filed against quasi-judicial orders before various authorities and courts, and not to other GST proceedings.


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About the Author

Founder - TaxMarvel Consulting Services LLP

Rohit is a CA, CS and CMA and Gold Medalist Law Graduate. He has also passed DISA (ICAI). Rohit is Founder of TaxMarvel Consulting Services LLP (a niche consulting firm engaged in providing GST Services to Corporates and SMEs) He was earlier head ofGST Business (GST Suvidha Provider) for Karvy Data Management Servic ... Read more

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