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Core Purpose

The Central Goods and Services Tax (Second Amendment) Act, 2023 (No. 48 of 2023), amending Section 110 of the CGST Act, 2017 regarding eligibility and tenure of the Appellate Tribunal President and Members.

Detailed Summary

The Ministry of Law and Justice (Legislative Department) published the Central Goods and Services Tax (Second Amendment) Act, 2023 (No. 48 of 2023), which received Presidential assent on 28th December 2023, amending Section 110 of the Central Goods and Services Tax Act, 2017 (12 of 2017). The amendment, in sub-section (1) clause (b), inserts a new eligibility criterion allowing appointment as President or Member for an advocate with ten years' substantial litigation experience in indirect tax matters before the Appellate Tribunal, Customs, Excise and Service Tax Appellate Tribunal, State Value Added Tax Tribunal, High Court or Supreme Court, and adds a proviso barring appointment of persons who have not completed 50 years of age; in sub-section (9), raises the upper age limit for re-appointment eligibility from sixty-seven to seventy years; and in sub-section (10), raises the corresponding age limit from sixty-five to sixty-seven years. Signed by S.K.G. Rahate, Secretary to the Government of India.

Full Text

vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II—Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 56] ubZ fnYyh] c`gLifrokj] fnlEcj 28] 2023 @ikS"k 7] 1945 ¼'kd½ No. 56] NEW DELHI, THURSDA Y, DECEMBER 28, 2023/P AUSHA 7, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003—23 REGISTERED N O. DL—(N)0 4/000 7/200 3—23 MINISTR Y OF LA W AND JUSTICE (Legislative Department) New Delhi, the 28th December , 2023 /Pausha 7, 1945 (Saka) ] The following Act of Parliament received the assent of the President on the 28th December , 2023 and is hereby published for general information:— THE CENTRAL GOODS AND SER VICES TAX (SECOND AMENDMENT) ACT , 2023 NO. 48 OF 2023 [28th December , 2023 .] An Act further to amend the Central Goods and Services Tax Act, 2017. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 1. This Act may be called the Central Goods and Services Tax (Second Amendment) Act, 2023. 2. In section 1 10 of the Central Goods and Services Tax Act, 2017,— (A) in sub-section ( 1),— (I) in clause ( b), after sub-clause ( ii), the following sub-clause shall be inserted, namely:— "(iii) has been an advocate for ten years with substantial experience in litigation in matters relating to indirect taxes in the Appellate Tribunal,Short title. Amendment of section 110.12 of 2017. CG-DL-E-29122023-250951 Customs, Excise and Service Tax Appellate Tribunal, S tate Value Added Tax Tribunal, by whatever name called, High Court or Supreme Court;"; (II) the following proviso shall be inserted, namely:— "Provided that a person who has not completed the age of fifty years shall not be eligible for appointment as the President or Member ."; (B) in sub-section ( 9), for the words, "sixty-seven years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years", the words "seventy years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years subject to the age-limit specified above" shall be substituted; (C) in sub-section ( 10), for the words, "sixty-five years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years", the words "sixty-seven years, whichever is earlier and shall be eligible for re-appointment for a period not exceeding two years subject to the age-limit specified above" shall be substituted. ———— S.K.G . RAHA TE, Secretary to the Govt. of India. MGIPMRND—534GI(S3)—28-12-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.

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