Order No. 09/2019 – CT: GST Appellate Tribunal

Important Keywords: Order No. 09/2019 – Central Tax: Issuance of Removal of Difficulties Order so as to extend the last date for filing of appeals before the GST Appellate Tribunal against orders of Appellate Authority on account of non-constitution of benches of the Appellate Tribunal, Order No. 09/2019-Central Tax, GST Appellate Tribunal, Section 112(1) CGST Act 2017, Section 107 CGST Act 2017, Section 108 CGST Act 2017, Section 112(3) CGST Act 2017, Section 109 CGST Act 2017, Section 172 CGST Act 2017, Section 112 CGST Act 2017,

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To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)]
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Indirect Taxes and Customs
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New Delhi, the 03^rd December, 2019

Order No. 09/2019 – Central Tax: Issuance of Removal of Difficulties Order so as to extend the last date for filing of appeals before the GST Appellate Tribunal against orders of Appellate Authority on account of non-constitution of benches of the Appellate Tribunal.

S.O.(E).––WHEREAS, sub-section (1) of section 112 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (here after in this Order referred to as the said Act) provides that any person aggrieved by an order passed against him under section 107 or section 108 of this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal;

AND WHEREAS, sub-section (3) of section 112 of the said Act provides that the Commissioner may, on his own motion, or upon request from the Commissioner of State tax or Commissioner of Union territory tax, call for and examine the record of any order passed by the Appellate Authority or the Revisional Authority under this Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the Appellate Tribunal within six months from the date on which the said order has been passed for determination of such points arising out of the said order as may be specified by the Commissioner in his order;

AND WHEREAS, section 109 of the said Act provides for the constitution of the Goods and Services Tax Appellate Tribunal and Benches thereof;

AND WHEREAS, for the purpose of filing the appeal or application as referred to in sub-section (1)or sub-section (3)of section 112 of the said Act,as the case may be,the Appellate Tribunal and its Benches are yet to be constituted in many States and Union territories under section 109 of the said Act as a result whereof, the said appeal or application could not be filed within the time limit specified in the said sub-sections, and because of that, certain difficulties have arisen in giving effect to the provisions of the said section;

NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Central Goods and Services Tax Act, 2017, the Central Government, on the recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–

1. Short title.––This Order may be called the Central Goods and Services Tax (Ninth Removal of Difficulties) Order, 2019
2. For the removal of difficulties,it is hereby clarified that for the purpose of calculating,-
   a. the “three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal” in sub-section (1)of section 112,the start of the three months period shall be considered to be the later of the following dates:-
   (i). date of communication of order;or
   (ii). the date on which the President or the State President, as the case may be, of the Appellate Tribunal after its constitution under section 109, enters office;
   b. the “six months from the date on which the said order has been passed” in sub-section (3) of section 112, the start of the six months period shall be considered to be the later of the following dates:-
   (i). date of communication of order; or
   (ii). the date on which the President or the State President, as the case may be, of the Appellate Tribunal after its constitution under section 109, enters office.

[F. No. 20/06/07/2019-GST]
(Ruchi Bisht)
Under Secretary to the Government of India

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Frequently Asked Questions (🔥 FAQs on Order No. 09/2019 – Central Tax)

📢 Latest GST Update! The government has extended the deadline for filing appeals before the GST Appellate Tribunal due to the non-constitution of tribunal benches in several states and union territories.

📌 Issued By: Central Board of Indirect Taxes and Customs (CBIC)
📅 Order Date: December 3, 2019
📖 Legal Reference: Sections 109, 112, and 172 of CGST Act, 2017

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Download PDF: Order No. 10/2019 – Central Tax

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More Information: https://taxinformation.cbic.gov.in/

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