FM introduces CGST Amendment bill in Lok Sabha to make way for GST Tribunal:

FM introduces CGST Amendment bill in Lok Sabha to make way for GST Tribunal

The non-constitution of the GSTAT is denying the taxpayers of second appellate remedy and consequently the taxpayers are seeking relief directly from the High Court.

CGST Amendment bill

authorCA Pratibha GoyaldateDec 13, 2023
Last update on Dec 13, 2023
FM introduces CGST Amendment bill in Lok Sabha to make way for GST Tribunal The Finance Minister introduced THE CENTRAL GOODS AND SERVICES TAX (SECOND AMENDMENT) BILL, 2023, in the Lok Sabha today, i.e., December 13, 2023. This was done to align the provisions of CGST Act 2017 with the Tribunal Reforms Act 2021 and in order to initiate the administrative process for Operationalizing the Goods and Service Tax Appellate Tribunal. STATEMENT OF OBJECTS AND REASONS Section 109 of the Central Goods and Services Tax Act, 2017 (12 of 2017) provides for Constitution of Goods and Services Tax Appellate Tribunal, which is the second appellate authority within the Goods and Services Tax framework for hearing appeals against the orders passed by the Appellate Authority under the Central Goods and Services Tax Act, 2017 and the State Goods and Services Tax Acts. Non-constitution of the Goods and Services Tax Appellate Tribunals is denying the taxpayers of second appellate remedy and consequently the taxpayers are seeking relief directly from the High Court, thereby burdening the High Courts. The amendments to sections 109 and 110 of the Central Goods and Services Tax Act, 2017 for enabling the creation of the Central Goods and Services Tax Appellate Tribunals were notified vide notification No. 28/2023-Central Tax dated 31st July, 2023. During the process of operationalisation of the said Tribunal, it was observed that certain provisions of the Central Goods and Services Tax Act, 2017 need to be aligned with the Tribunal Reforms Act, 2021 (33 of 2021). Accordingly, the provisions of the Central Goods and Services Tax Act, 2017 are being aligned with the Tribunal Reforms Act, 2021, to initiate the administrative process for operationalisation of the Goods and Services Tax Appellate Tribunals at the earliest. The Bill seeks to achieve the above objectives. Click on the link given below to download a copy of the Bill.

About Author

CA Pratibha Goyal

Co Founder

CA Pratibha Goyal is Chartered Accountant qualified in 2016, is a Member of The Institute of Chartered Accountants of India having wide experience in the field of Auditing, Taxation, ROC, GST and Secretarial matters etc. She has written over a thousand articles & has made several videos on topics related to Auditing & Taxation. As a Speaker she has delivered various sessions on various branches of NIRC of ICAI.
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