TaxTMI 
TaxTMI 
Is the power exercised to issue N/N. 10/2019 CT valid? - Severe Implications! ( an ALL exclusive suppliers of goods (including TIP FEBB) across the country enjoy the 40L threshold limit?)
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....s the power exercised to issue N/N. 10/2019 CT valid? - Severe Implications! ( an ALL exclusive suppliers of goods (including TIP FEBB) across the country enjoy the 40L threshold limit?)<br>By: - Madhusudan Mishra<br>Goods and Services Tax - GST<br>Dated:- 1-7-2024<br><br>If it is in my interest, nothing matters! Benefit provided (with conditions and limitations) without exercising a valid jurisdi....
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....ction is invalid and cannot be claimed in a court of law as well the limitations are inoperative. 3rd Proviso to S.22(1) confers the jurisdiction to enhance (with conditions and limitations) the threshold limit for registration to ₹40 Lakh (for specific suppliers). S.23 heads as "Persons NOT liable for registration" and accordingly if you look into the drafting of the same you wi....
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....ll find the exact purpose getting resolved. Before FA 23, S.23(2) didn't have jurisdiction to prescribe for "conditions and restrictions" while granting any exemption and even with the retrospective effect of amendment along with a "non-contrary" clause, it cannot bypass a special provision. Limitations are not equal to Restrictions. Exclusion from a benefit is a limitatio....
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....n and not a restriction. S.23(2) can only restrict but not limit the "specified persons" from the benefit of extended limit via N/N. 10/2019 CT. In that sense, the "limitations" of this notification are void ab initio (being non-jurisdictional) and even the "specified persons" can enjoy the extended threshold. They should come out with proper notification by exercisi....
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....ng the correct jurisdiction to "limit" the benefit exserted by the legislature.<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....