Section 105. Powers of Authority and Appellate Authority

Important Keyword: GST, CGST, SGST, IGST, Section 105.

GST Section 105. ¹[ Powers of Authority and Appellate Authority]-

(1) The Authority or the Appellate Authority ²[or the National Appellate Authority] shall, for the purpose of exercising its powers regarding-

(a) discovery and inspection;

(b) enforcing the attendance of any person and examining him on oath;

(c) issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the Code of Civil Procedure, 1908.

(2) The Authority or the Appellate Authority ³[or the National Appellate Authority] shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973, and every proceeding before the Authority or the Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code.

*Enforced w.e.f. 1st July, 2017.

1. Substituted by s.109 of the Finance (No. 2) Act, 2019 (23 of 2019) for “Powers of Authority and Appellate Authority.” This amendment shall be effective from a date to be notified

2. Inserted by s.109 of the Finance (No. 2) Act, 2019 (23 of 2019). This amendment shall be effective from a date to be notified.

3. Inserted by s.109 of the Finance (No. 2) Act, 2019 (23 of 2019). This amendment shall be effective from a date to be notified.

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