New Time limit for gst assessment for fy 2017-2018,2018-2019,2019-2020,2020-2021

This query is : Resolved

ARUN GUPTA (Querist)
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24 December 2024 What is the time limit for assessment for fy 2017 to 2024? After what time gst department can't send any notice or demand order? Please clarify the time limit? Under what circumstances can the file be reopened in gst?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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24 December 2024 Refer: https://www.taxathand.com/article/32654/India/2023/GST-notices-Recent-activities-and-next-steps-for-taxpayers

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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24 December 2024 https://taxguru.in/goods-and-service-tax/time-limit-issuance-gst-scn-adjudication-order-section-73-74.html

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ARUN GUPTA

ARUN GUPTA (Querist)
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25 December 2024 Pl give in details here as link not opening

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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25 December 2024 Limitation period for underpayment or nonpayment of GST liability, or incorrect ITC claims
Particulars

FY 2017-18

FY 2018-19

FY 2019-20

Extended deadline to issue a notice under section 73(2) of the CGST Act

30 September 2023

31 December 2023

31 March 2024

Extended deadline to issue an order under section 73(10) of the CGST Act

31 December 2023

31 March 2024

30 June 2024

Deadline to issue a notice under section 74(2) of the CGST Act (extended limitation period)

5 August 2024

30 June 2025

30 September 2025

Prescribed date to issue an order under section 74(10) of the CGST Act (extended limitation period)

5 February 2025

31 December 2025

31 March 2026

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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25 December 2024 Section 73(2) of the CGST Act, 2017 specifies that a SCN should be issued at least three months prior to the issuance of an adjudication order. CBIC in exercise of its powers u/s 168A of the CGST Act, 2017 vide Notification No. 09/2023-CT dated March 2023 has extended the time limit for issuance of adjudication order for FY 2017-18, FY 2018-19 and FY 2019-20 pertaining to non-fraud cases under 73(9) of CGST Act, 2017. However, the time limit has been further extended by Notification No. 56/2023-CT dated 28.March 2023 for the FY 2018-19 and FY 2019-20.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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25 December 2024 The SCN required to be issued under section 74(1) shall be issued by proper officer as per time limit given in sub-section (10) of Section 74 i.e., six months before issuance of the time limit for issuance of order. The date of issuance of SCN is depend on the due date of passing of the order under section 74(10). The proper officer shall issue SCN at least 6 months prior to the time limit of 5 years for issuance of order i.e. Before completion of 5 years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilized relates to, or Within 5 years from the date of erroneous refund, as the case may be. Thus, the time-limit for issuance of SCN is 4 years and 6 months from the due date of filing of Annual Return for the Financial Year to which the demand pertains or from the date of erroneous refund.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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25 December 2024 In view of the extended date of filing of Annual Return, the time lime to issue SCN and adjudication order under section 74 are as under- Particulars FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 SCN Deadline to issue a notice under section 74(2) of the CGST Act. 5th August, 2024 30th June, 2025 30th September, 2025 31st August, 2026 ORDER Prescribed date to issue a notice under section 74(10) of the CGST Act. 5th February, 2025 31st December, 2025 31st March, 2026 28th February, 2027

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