GST

Checking if a notice is time barred

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Find

Each demand section has a time limit linked to the annual return due date for that financial year. Notices or orders after the limit are time barred.

Provisions

Sec 73, CGST Act 2017; Sec 74, CGST Act 2017; Sec 74A, CGST Act 2017

Analysis

Note the financial year, the GSTR-9 due date (with extensions), and the section. For Sec 73 the order deadline is 3 years, for Sec 74 it is 5 years, and for Sec 74A the notice must be within 42 months. Courts generally accept limitation as a full defence.

Close

  1. Find the year and section.
  2. Find the GSTR-9 due date and extensions.
  3. Compute the limit.
  4. Raise limitation first in DRC-06.

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