Time limit for issuance of SCN for F.Y. 2017-18 is extended till June 30, 2023

Last updated: 28 January 2023

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The Kerala High Court has ruled that the time limit for issuing a Show Cause Notice (SCN) for the financial year 2017-18 is extended to September 30, 2023. This decision aligns with the extended deadline for issuing final orders under Section 73(10) of the CGST Act. The court found no ambiguity requiring special interpretation in favour of the assessee and dismissed a petition challenging an order issued beyond the original SCN timeline.

Court :
Kerala High Court

Brief :
The Hon'ble Kerala High Court in Pappachan Chakkiath v. Assistant Commissioner & Anr. [WP(C) NO. 816 of 2023 dated January 11, 2023] has held that, when the time limit for issuance of order under Section 73(10) of the Central Goods and Services Tax Act, 2017 ("the CGST Act") for the Financial Year ("F.Y.") 2017-18 is extended upto September 30, 2023, the only interpretation that can be placed on the provisions of Section 73(2) of the CGST Act is that, the SCN can also be issued till September 30, 2023. Further held that, there is no ambiguity in the provisions which requires to apply any rules of interpretation in favour of the assessee.

Citation :
WP(C) NO. 816 of 2023 dated January 11, 2023

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