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

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
 
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
 
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