Clarification regarding extension of limitation under GST Law in terms of SC's Order dated 27th April 2021



Quick Summary
The Central Board of Indirect Taxes and Customs (CBIC) has issued a clarification regarding the extension of limitation periods under the GST Law, following the Supreme Court's order dated 27th April 2021. This clarification aims to ensure uniform application of GST provisions. The Supreme Court's order extended limitation periods for judicial and quasi-judicial proceedings, and this clarification details how it applies to various GST actions.

The Government hadissued notifications under Section 168A of the CGST Act, 2017, wherein the time limit for completion of various actions, by any authority or by any person, under the CGST Act, which falls during the specified period, hadbeen extended. In this regard, various representations had
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FAQ :

The circular clarifies the extension of limitation periods under the GST Law in line with the Supreme Court's order dated 27th April 2021, ensuring consistent implementation across tax formations.

No, the Supreme Court's order primarily applies to judicial and quasi-judicial proceedings such as appeals, reviews, and revisions, and not to all actions or original adjudications under the CGST Act.

Actions like scrutiny of returns, issuance of summons, search, enquiry, investigations, and consequential arrests are not covered by the Supreme Court's judgment.

The Supreme Court's orders do not apply to actions and compliances that taxpayers need to initiate; these remain governed by the statutory mechanisms and timelines.

Yes, tax authorities can continue to hear and dispose of proceedings where they act as quasi-judicial authorities, such as applications for refunds, revocation of registration, and adjudication proceedings.

The extension applies to appeals that need to be filed before appellate authorities, tribunals, or courts against any quasi-judicial order, or for revision or rectification of orders.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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