Validity of Extended Time Limits for Orders passed u/s 73 as per Notifications u/s 168A | Bimal Jain

Validity of Extended Time Limits for Orders passed u/s 73 as per Notifications u/s 168A || CA (Adv) Bimal Jain

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🔥📛 BIG Update on Section 168A of the CGST Act;

📢 Kerala High Court upholds the validity of extending assessment orders' time limit during Covid-19

➡️ The petitioner's claim for input tax credit amounting to Rs. 11,675,250 for July 2017 to September 2017 was denied, leading to a legal challenge on the grounds of the assessment order being barred by limitation.

➡️ The petitioner contested the extension of the time limit for issuing orders under Section 73(9) of the CGST Act through notifications No.13/2022 and No.09/2023, arguing that these extensions exceeded the powers granted under Section 168A of the CGST Act.

➡️ The court acknowledged that COVID-19 constituted a force majeure event, justifying the extension of deadlines under Section 168A, due to the pandemic's significant disruption of normal economic activities and governmental operations.

➡️ The decision to extend the limitation period for the Financial Year 2017-18 was based on the COVID-19 pandemic's impact, which impeded audit and scrutiny processes, and was supported by the GST Council's recommendations.

➡️ The court set aside the initial assessment order, remanding the matter to the Assessing Authority for a new assessment, incorporating the guidelines from Circular No.183/15/2022-GST dated 27.12.2022, and allowed the petition to this extent.

✔️ KERALA HC AT ERNAKULAM - FAIZAL TRADERS PVT. LTD v. DEPUTY COMMISSIONER [WP(C) NO. 24810 OF 2023]

🔖 Download Complete Order: https://a2z-bucket.s3.ap-south-1.amaz...

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🔥📛 Important Judgment on Section 168A of the CGST Act:

📢 Empowering Government to Extend Deadlines During Force Majeure Events under Section 168A of the CGST Act:

➡️ Extension of Time Limits Due to COVID-19: The judgment discusses various notifications and amendments enacted due to the COVID-19 pandemic, which extended the time limits for compliance and adjudication under the GST laws. This includes extensions for filing annual returns and for tax authorities to complete audits and issue orders.

➡️ Section 168A of the GST Act: The document highlights the incorporation of Section 168A into the GST Act, which allows the government to extend time limits in special circumstances, such as those created by force majeure events including the COVID-19 pandemic. This section supports the extensions and adjustments made in response to the pandemic.

➡️ Judicial Review of Extensions: The judgment includes discussions on the legality and appropriateness of the extensions granted under the notifications related to the GST Act. It defends the extensions as necessary due to the operational disruptions caused by the pandemic.

➡️ Impact on Taxpayers and Authorities: The extensions were deemed necessary to alleviate pressures on both taxpayers and tax authorities, as both groups navigated the challenges posed by the pandemic, including staffing issues and restricted office operations.

➡️ Final Orders and Future Directions: The judgment concludes with the dismissal of petitions challenging the extensions, allowing for the continuation of adjudication processes. It also sets guidelines for future proceedings and appeals post-extension periods.

✔️ Allahabad HC - M/S Graziano Trasmissioni v. Goods And Services Tax And 5 Others [WRIT TAX No. - 1256 of 2023] [Neutral Citation No. - 2024:AHC:100568-DB]

🔖 Download Complete Order: https://a2z-bucket.s3.ap-south-1.amaz...

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