Clarification regarding extension of limitation under GST Law in terms of honourable Supreme Court’s order dated 27-4-2021

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....he 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 the honourable Supreme Court Order dated April 27, 2021 in Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020 under the GST law. The issues have been examined and to ensure uniformity in the implementation of the provisions of law across the field formations, the Commissioner, in exercise of its powers conferred by section 168(1) of the Jharkhand Goods and Services Tax Act, 2017 (hereinafter referred to as "JGST Act"), hereby clarifies the issues detailed hereu....

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....r actions have been extended by the honourable Supreme Court, the same would apply. 3. Accordingly, legal opinion was solicited regarding applicability of the order of the honourable 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 the honourable Supreme Court order applies only to quasi-judicial and judicial matters relating to petitions/applications/suits/appeals/all other proceedings. All other proceedings should be understood in the nature of the earlier used expressions but can be quasi-judicial proceedings. The honourable Supreme Court has step....

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....quiry or investigations and even consequential arrest in accordance with GST law would not be covered by the judgment of the honourable Supreme Court. (vi) As regards issuance of show-cause notice, granting time for replies and passing orders, the present Orders of the honourable 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. On the basis of the legal opinion, it is hereby clarified that various actions/compliances under GST can be broadly categorised as follows : (a) Proceedings that need to be initiated or compliances that need to be done by the taxpayers : These actions would contin....