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Issue ID: 116271
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Any relaxation in time limits under Central Excise and Service Tax matters

Date 06 May 2020
Replies 5 Replies
Views 7147 Views
Extension of time limits under GST due to force majeure; government notifications deferred filing and compliance deadlines.
The Taxation and Other Laws (Relaxation) Ordinance, 2020 empowers the Central Government to extend statutory time limits where compliance is prevented by force majeure, and central and state notifications have used that power to defer Notices, filing deadlines, appeals and other GST/Central Excise timelines impacted by the COVID 19 period. (AI Summary)

Dear sirs,

Please inform whether there is any relaxation in the time limits in the matters of Central Excise like issuance of SCN, Order etc due to spread of Covid 19. Please inform any notification for the matters of Central Excise.

Thanks

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Replied on May 7, 2020
1.

No such Notification, Circular or Instruction by CBIC has been issued as yet.

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Replied on May 7, 2020
2.

Yes. I agree with M/a. Yagay And Sun, Sir. Govt.may issue such orders under Section 172 of CGST Act, if required. So far Karnataka State Govt. has issued such Order No.1/2020 dated 17.4.20 (Removal of diffficulties) wherein time limit fixed has been extended giving reference of COVID 19.

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Replied on May 8, 2020
3.

Dear Sir,

As such notices are issued u/s 174 of CGST Act, you can look into the notification no. 35/2020 C.T dated 03.04.2020 u/s 168A of CGST Act which was inserted vide Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 granting power to government on recommendation of council to extend the time limit specified in, or prescribed or notified under, this Act in respect of actions which cannot be completed or complied with due to force majeure.

My opinion such notification applies to such SCN, appeal etc. and the due date has been extended till 30th June 2020, if original due date falls between 20th March 2020 to 29th June 2020.

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Replied on May 10, 2020
4.

Dear querist,

As rightly said by shri Spudarjunan, notification 35/2020-Central Tax Dt.30.04.2020 was issued in this regard.

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Replied on Jul 6, 2020
5.

Please see Section 6 of THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020, which had extended due dates / compliance dates w.r.t. subject matters till 30.06.2020 or or such other date after the 30th day of June, 2020 as the Central Government may, by notification, specify in this behalf.

Please also see notification dated 27.06.2020 (bearing F. No. F. No. CBEC-20/06/08/2020-GST) which has further extended dues dates / compliance dates to 30.09.2020

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