Section 172 of CGST Act 2017: Removal of Difficulties

Provisions under Section 172 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Removal of Difficulties”, are as under:

Section 172 of CGST Act 2017: Removal of Difficulties (CHAPTER XXI – MISCELLANEOUS)

(1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty:

Provided that no such order shall be made after the expiry of a period of three years five years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament.

Amendments History:

1. CBEC notifies 1st July 2017 as the Commencement date for Section 172 of the CGST Act 2017, vide Notification 9/2017 Central Tax.

2. The text “five years” substituted for “three years” in the proviso to sub-section (1) vide Section 130 of the Finance Act 2020 (No. 12 of 2020): GOI Notification dt. 27 March 2020, effective from a date to be notified separately in the Official Gazette.

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Govt. has notified the CGST Act, 2017 on 12th April, 2017, which has subsequently been amended through the CGST (Extension to J&K) Act 2017, Finance Act 2018, CGST Amendment Act 2018, Finance (No. 2) Act 2019, Finance Act 2020, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance 2020. Further, CBEC/ CBIC has also issued various Notifications from time to time, relating to the commencement date of various Sections/ Provisions in the respective CGST/ Amendment Acts, wherever required.

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  1. AMIT MEHTA

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