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Clarification regarding extension of limitation under GST Law in terms of Honíble Supreme Courtís Order dated 27.04.2021. - GST - States - 157/13/2021

Extract

..... sion of limitation under GST Law in terms of Hon’ble Supreme Court’s Order dated 27.04.2021. The Government has issued notifications under Section 168A of the HPGST Act, 2017, wherein the time limit for completion of various actions, by any authority or by any person, under the HPGST Act, which falls during the specified period, has been extended up to a specific date, subject to some exceptions as specified in the said notifications. In this context, various representations have been received seeking clarification regarding the cognizance for extension of limitation in terms of Hon’ble Supreme Court Order dated 27.04.2021 in Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020under the GST law. The issues have been .....

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Clarification regarding extension of limitation under GST Law in terms of Honíble Supreme Courtís Order dated 27.04.2021. - GST - States

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..... Courts/Tribunals and Authorities.” 2.2 The matter of extension of period of limitation under Section 168A of the HPGST Act, 2017 was deliberated in the 43rd Meeting of GST Council. Council, while providing various relaxations in the compliances for taxpayers, also recommended that wherever the timelines for actions have been extended by the Hon’ble Supreme Court, the same would apply. 3. Accordingly, legal opinion was solicited regarding applicability of the order of the Hon’ble Supreme Court to the limitations of time lines under GST Law. The matter has been examined on the basis of the legal opinion received in the matter. The following is observed as per the legal opinion:- (i) The extension granted by Hon’ble Su .....

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Clarification regarding extension of limitation under GST Law in terms of Honíble Supreme Courtís Order dated 27.04.2021. - GST - States

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..... e extension orders. Those cases need to be adjudicated or disposed off either physically or through the virtual mode based on the prevailing policies and practices besides instructions if any. (v) The following actions such as scrutiny of returns, issuance of summons, search, enquiry or investigations and even consequential arrest in accordance with GST law would not be covered by the judgment of the Hon’ble Supreme Court. (vi) As regards issuance of show cause notice, granting time for replies and passing orders, the present Orders of the Hon’ble Supreme Court may not cover them even though they are quasi-judicial proceedings as the same has only been made applicable to matters relating to petitions/applications/suits, etc. 4. .....

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Clarification regarding extension of limitation under GST Law in terms of Honíble Supreme Courtís Order dated 27.04.2021. - GST - States

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..... tended as per the Hon’ble Supreme Court’s order. 5. In other words, the extension of timelines granted by Hon’ble Supreme Court vide its Order dated 27.04.2021 is applicable in respect of any appeal which is required to be filed before Additional Commissioner (Appeals), Commissioner (Appeals), Appellate Authority for Advance Ruling, Tribunal and various courts against any quasi-judicial order or where proceeding for revision or rectification of any order is required to be undertaken, and is not applicable to any other proceedings under GST Laws. 6. This circular shall come into force w.e.f. 20.07.2021. 7. Difficulty, if any, in implementation of the above instructions may please be brought to the notice of this office imme .....

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Clarification regarding extension of limitation under GST Law in terms of Honíble Supreme Courtís Order dated 27.04.2021. - GST - States

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