This circular clarifies the application of the Supreme Court's order dated 27.04.2021 regarding the extension of limitation periods under GST law. While the Supreme Court's order extends time limits for judicial and quasi-judicial proceedings like appeals, it does not apply to all actions under the CGST Act. Specifically, it does not cover proceedings initiated by taxpayers or actions such as scrutiny of returns, issuance of summons, or investigations.
File No: CBIC-20006/10/2021
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing, New Delhi
Circular No. 157/13/2021-GST
Dated the 20th July, 2021
To,
The Principal Chief Commissioner Chief Commissioner Principal Commissioners/ Commissioners of Central Tax (All)
The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject : Clarification regardinq extension of limitation under GST Law in te
Daily Limit Reached
You have reached your daily limit of 2 Free Notice & Circular
Subscribe to
CCI PRO
for unlimited access
Why Upgrade to
CCI PRO?
-
No Ads
-
WhatsApp Community
-
Daily E-Newsletter
-
Unlimited Notice & Circular Access
-
Profile Visitors
-
Link Social Profiles
-
Featured Job Posts
-
Pro Badge
-
Expert GST Guidance
-
Unlimited Forum Replies
-
Download Content in PDF
1 Year PLAN
1999
(Excl. of GST ₹359)
2 Years PLAN
3499
(Excl. of GST ₹629)
BEST VALUE
3 Years PLAN
4999
(Excl. of GST ₹899)
View all CCI PRO benefits
Already a PRO member?
Login here
for an ad-free experience. 07941056694
FAQ :
The circular clarifies how the Supreme Court's order extending limitation periods applies to various actions and compliances under the GST law.
No, the Supreme Court's order primarily applies to judicial and quasi-judicial proceedings such as appeals, reviews, and revisions. It does not extend to all actions or proceedings 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 order does not apply to proceedings or compliances that taxpayers need to initiate. These remain governed by the statutory mechanisms and time limits provided within the GST law itself.
Yes, tax authorities can continue to hear and dispose of quasi-judicial proceedings such as applications for refunds, revocation of registration, and adjudication of demand notices.
The extension applies to appeals required to be filed before appellate authorities, tribunals, or courts against any quasi-judicial order, as well as proceedings for revision or rectification of orders.
Source : https://www.cbic.gov.in/resources//htdocs-cbec/gst/157-13-2021%20GST%20Circular.pdf