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Core Purpose

Notification under section 148 of the Delhi Goods and Services Tax Act, 2017 prescribing a special procedure for filing appeals against orders where the original appeal deadline was missed.

Detailed Summary

The Government of the National Capital Territory of Delhi, Finance (Expenditure-I) Department, by notification No. 53/2023-State Tax (No. F.3(26)/Fin.(Exp-I)/2023-24/DS-I/161) dated 20th February 2024, exercises powers under section 148 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), on the recommendations of the GST Council, to prescribe a special procedure for taxable persons who could not file an appeal against an order passed under section 73 or 74 of the Act on or before 31st March 2023 within the time limit under section 107(1) read with 107(4), and for taxable persons whose appeal was rejected solely because it was filed outside that time limit; such persons must file an appeal in FORM GST APL-01 under section 107(1) on or before 31st January 2024, with appeals already pending before the Appellate Authority deemed filed under this notification if they satisfy the payment condition; that condition requires payment in full of the admitted tax, interest, fine, fee and penalty, plus 12.5% of the remaining disputed tax amount (capped at Rs. 25 crore), of which at least 20% must be debited from the Electronic Cash Ledger; no refund will be granted, pending disposal of the appeal, for amounts previously paid in excess of this requirement, no appeal is permitted under the notification for demands not involving tax, and Chapter XIII of the Delhi Goods and Services Tax Rules, 2017 applies mutatis mutandis to such appeals; the notification is issued by order of the Lieutenant Governor of the National Capital Territory of Delhi and signed by Ravinder Kumar, Deputy Secretary (Exp.-I).

Full Text

GOVERNMENT OF INDIA REGD. No. D. L.-33002/99 Delhi Gazette SG-DL-E-21022024-252265 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 66] DELHI, TUESDAY, FEBRUARY 20, 2024/PHALGUNA 1, 1945 [N. C. T. D. No. 437 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI FINANCE (EXPENDITURE-I) DEPARTMENT NOTIFICATION Delhi, the 20th February, 2024 No. 53/2023-State Tax No. F. 3 (26)/Fin.(Exp-I)/2023-24/DS-I/161.—In exercise of the powers conferred by section 148 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017) (hereinafter referred to as the said Act), the Lieutenant Governor of National Capital Territory of Delhi, on the recommendations of the Council, hereby notifies taxable persons who could not file an appeal against the order passed by the proper officer on or before the 31st day of March, 2023 under section 73 or 74 of the said Act (hereinafter referred to as the said order), within the time period specified in sub-section (1) of section 107 read with sub-section (4) of section 107 of the said Act, and the taxable persons whose appeal against the said order was rejected solely on the grounds that the said appeal was not filed within the time period specified in section 107, as the class of persons (hereinafter referred to as the said person) who shall follow the following special procedure for filing appeals in such cases: 2. The said person shall file an appeal against the said order in FORM GST APL-01 in accordance with sub- section (1) of Section 107 of the said Act, on or before 31st day of January 2024: Provided that an appeal against the said order filed in accordance with the provisions of section 107 of the said Act, and pending before the Appellate Authority before the issuance of this notification, shall be deemed to have been filed in accordance with this notification, if it fulfills the condition specified at para 3 below. 3. No appeal shall be filed under this notification, unless the appellant has paid- (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and (b) a sum equal to twelve and a half per cent. of the remaining amount of tax in dispute arising from the said order, subject to a maximum of twenty-five crore rupees, in relation to which the appeal has been filed, out of which at least twenty percent should have been paid by debiting from the Electronic Cash Ledger. 4. No refund shall be granted on account of this notification till the disposal of the appeal, in respect of any amount paid by the appellant, either on their own or on the directions of any authority (or) court, in excess of the amount specified in para 3 of this notification before the issuance of this notification, for filing an appeal under sub- section (1) of Section 107 of the said Act. 5. No appeal under this notification shall be admissible in respect of a demand not involving tax. 6. The provisions of Chapter XIII of the Delhi Goods and Service Tax Rules, 2017 (03 of 2017), shall mutatis mutandis, apply to an appeal filed under this notification. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, RAVINDER KUMAR, Dy. Secy. (Exp.-I)

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