TIME LIMIT TO ISSUE NOTICE & ORDER U/S 73
Period |
Due Date to Issue Notice (2 years and 9 months from due dates to pass order or any extended period) |
Due/ Extended Date to Pass an Order (3 years from the due date of GSTR-9) |
States/Districts |
2017-18 | 30.09.2023 | 31.12.2023 (NN 09/2023) | For all states |
2018-19 | 31.01.2024 | 30.04.2024 (NN56/2023) | For all states |
2019-20 | 31.05.2024 | 31.08.2024 (NN 56/2023) | For all states |
2020-21 | 30.11.2024 | 28.02.2025 | For all states |
2021-22 | 30.09.2025 | 31.12.2025 | For all states |
2022-23 | 10.10.2026 | 10.01.2027 | Chennai, Tiruvallur, Chengalpattu, Kancheepuram, Tirunelveli, Tenkasi, Kanyakumari, Thoothukudi and Virudhunagar in the state of Tamil Nadu |
30.09.2026 | 31.12.2026 | For all states |
COMMUNITY INSIGHTS
Topic |
Publish Date |
|
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Demand Order not Uploaded on Common Portal is Valid or Invalid For initiating the recovery proceedings against the taxable person there is a proper mechanism for serving show cause notices and orders. The same is contained in section 73, 74 and 74A of CGST Act 2017. Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where the ITC has been wrongly availed or utilised, then he shall serve a show cause notice (SCN) to the person chargeable with tax.................. Read More |
18.12.2024 |
NOTIFICATIONS
Notification No. | Subject |
Notification No. 56/2023 - Central Tax dt. 28.12.2023 | Seeks to extend dates of specified compliances in exercise of powers under section 168A of CGST Act |
Portal Related Updates
Date | Subject |
26/09/2024 | Advisory on issuance of Notices/Orders without digital signatures of the issuing authorities |
CIRCULARS
Circular No. | Subject |
Circular No. 239/33/2024-GST dt. 04.12.2024 | Amendment to Circular No. 31/05/2018-GST, dated 9th February, 2018 on 'Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017' |
Circular No. 238/32/2024-GST dt. 15.10.2024 | Clarification of various doubts related to Section 128A of the CGST Act, 2017. |
Circular No. 237/31/2024-GST dt.15.10.2024 [Para 3] | Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017. |
Circular No. 185/17/2022-GST dt. 27.12.2022 | Clarification with regard to applicability of provisions of section 75(2) of Central Goods and Services Tax Act, 2017 and its effect on limitation |
Circular No. 171/03/2022-GST dt. 06.07.2022 [Para 1 (1)] | Clarification on various issues relating to applicability of demand and penalty provisions under the Central Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices. |
Circular No.169/01/2022-GST dt. 12.03.2022 | Amendment to Circular No. 31/05/2018-GST, dated 9th February, 2018 on ‘Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017 |
Circular No. 76/50/2018-GST dt. 31.12.2018 [Para 2] |
Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the CGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the CGST Act; applicability of notification No. 50/2018-Central Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST |
Circular No. 31/5/2018-GST dt. 09-02-2018 |
Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017 |
INSTRUCTIONS
Instruction No. | Subject |
Instruction No. 04/2023-GST dt. 23.11.2023 | Serving of the summary of notice in FORM GST DRC-01 and uploading of summary of order in FORM GST DRC-07 electronically on the portal by the proper officer |
Instruction No. 02/2021-22 dt. 22.09.2021 [GST-Investigation] | Issuance of SCNs in time bound manner |
ORDERS
Order No. | Subject |
Order No. 2/2019-GST dt. 12.03.2019 | Appointment of common authority for the purpose of exercise of powers under sections 73,74, 75 and 76 of the CGST Act, 2017 |
CASE LAW
Authority |
One liner |
2025(01)LCX0033 Chandigarh Tribunal Iffco Tokio Insurance Services Limited |
Cenvat credit cannot be denied due to procedural irregularities |
2024(11)LCX0039 Bombay High Court Esjapee Impex (P) Ltd. |
Adjudicating Authority should have adjudicated the SCN within a reasonable time; failure to do so is bound to cause prejudice to the assessee. |
2024(11)LCX0012 Allahabad High Court Ashish Traders |
Assessee is entitled to the benefit of doubt when Notice not been uploaded on the Due Notices and Orders and instead uploaded on Additional Notices and Orders |
2024(10)LCX0143 Gauhati High Court Udit Tibrewal |
Non-issuance of a proper and prior SCN, as contemplated u/s 73(1) of GST Act and issuance of only Summary of SCN and Attachment to Determination of Tax cannot be said to be in compliance with Section 73(1) read with rule 142(1), a Summary of SCN is held to be not a substitute of a SCN. |
2024(05)LCX0274 Delhi High Court Mitchem Impex |
Proper officer could not have adjudicated the SCN prior to the stipulated date for filing response. |
2024(04)LCX0206 Delhi High Court AB Traders |
Proper officer cannot held that the reply is unsatisfactory without considering the reply and enclosed documents |
2024(02)LCX0425 Delhi High Court Aarem TradEx Private Limited |
Proper officer need to at least consider the reply on merits before forming an opinion whether the explanation of assessee was sufficient or not. |
2024(02)LCX0423 Delhi High Court Emco Cables (India) Private Limited |
Proper officer need to at least consider the reply on merits before forming an opinion whether the explanation of assessee was sufficient or not. |
2024(01)LCX0498 Allahabad High Court Khanna Polyrib Private Limited |
Assessee's right to object to the SCN and participate in the personal hearing cannot be comprised if SCN had been served without all its contents and annexures |
2023(11)LCX0167 Madhya Pradesh High Court Raymond Ltd |
Show cause notice falls short of the minimum period to afford reasonable opportunity and also lacking in material particular, thereby set aside. |
2023(10)LCX0105 Kerala High Court Global Plasto Wares |
GST: Penalty leviable when tax collected is not deposited within 30 days |
2021(07)LCX0205 Allahabad High Court V.S. Enterprises |
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2021(02)LCX0096 Jharkhand High Court R.P.M. Distributors |
For delayed payment of tax, the interest would be levied on net tax liability. |
2021(01)LCX0284 Patna High Court Pinax Steel Industries Pvt. Ltd |
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2019(06)LCX0002 Patna High Court Commercial Steel Engineering Corporation |
Court allowed transitional credit for FY 2007-08 and 2011-12 which was not reflected in prior returns due to Accountant's mistake |
2019(03)LCX0033 Rajasthan High Court Leel Electricals Limited |
Court is not convinced by arguments advanced by petitioner, therfore notice of summon is not quashed |