Clarification Regarding Extension of Limitation Under CGST Act

Category: Business

Read this Article-https://vjmglobal.com/gst/gst-notification/ 1. Background The GST Policy Wing of the Government of India passed a set of notifications under S.168A of the CGST Act, 2017 whereby the time limits and limitation period of various activities and actions of different authorities on multiple issues were specified and extended to certain dates based on the nature of the activity. However, multiple requests for clarifications were received by the Ministry of Finance, Govt. of India as to how and in what manner the time limitations would operate. The same was directed by the Supreme Court of India in Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020 to resolve the grievances of the people. 2. Order of the Hon’ble Supreme court dated 27th April 2021 The relevant extract of the Order passed by the Hon’ble Supreme Court of India is as follows: “We, therefore, restore the order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders. It is further clarified that the period from 14th March, 2021 till further orders shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings. We have passed this order in exercise of our powers under Article 142 read with Article 141 of the Constitution of India. Hence it shall be a binding order within the meaning of Article 141 on all Courts/Tribunals and Authorities.” Read more on- https://vjmglobal.com/gst/gst-notification/