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Friday, December 18, 2020

Special Procedure for Corporate Debtors

 

FURTHER EXTENSION OF TIME TO SPECIAL PROCEDURE FOR CORPORATE DEBTORS UNDERGOING THE CORPORATE INSOLVENCY PROCESS UNDER THE INSOLVENCY AND BANKRUPTCY CODE 2018


The Goods and Services Tax Act, 2017 came into force in India with effect from 1.7.2017.

In view of the spread of pandemic COVID-19 across many countries of the world including India, the Government, on the recommendations of the Council, has notified that,-

 

(i) where, any time limit for completion or compliance of any action,

by any authority or by any person, has been specified in, or 

prescribed or notified under the said Act, which falls during the period from the 20th day of March, 2020 to the 29th day of June, 2020, and where completion or compliance of such action has not 

been made within such time, then, the time limit for completion or compliance of such action, shall be extended upto the 30th day of June, 2020, including for the purposes of--

 

(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the Acts stated above; or

(b) filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the Acts stated above;

 

but, such extension of time shall not be applicable for the compliances of the provisions of the said Act, as mentioned below -

 

(a) Chapter IV;

 

(b) sub-section (3) of section 10, sections 25, 27, 31, 37, 47, 50, 69, 90, 122, 129;

(c) section 39, except sub-section (3), (4) and (5);

(d) section 68, in so far as e-way bill is concerned; and

 

(e) rules made under the provisions specified at clause (a) to (d) above;

 

 

(ii) where an e-way bill has been generated under rule 138 of the Central Goods and Services Tax Rules, 2017 and its period of validity expires during the period 20th day of March, 2020 to 15th day of April, 2020, the validity period of such e-way bill shall be deemed to have been extended till the 30th day of April, 2020.

 

The Central Government, on the recommendations of the Council, further made certain amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 35/2020-Central Tax, dated the 3rd April, 2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 235(E), dated the 3rd April, 2020, namely:-

 

In the said notification, in the first paragraph, in the proviso to clause (i),

 

(i) for the words, figures and letters 29th  day of November, 2020, the words, figures and letters 30th day of March, 2021” shall be substituted.

 

(ii) for the words, figures and letters 30th  day of November, 2020, the words, figures and letters 31st day of March, 2021” shall be substituted.

 

The relevant Notifications are given below for ready reference:


[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

(i)]

 

Government of India Ministry of Finance (Department of Revenue)

Central Board of Indirect Taxes and Customs

 

 

Notification No. 35/2020 – Central Tax

 

 

New Delhi, the 3rd April, 2020

 

G.S.R.....(E). In exercise of the powers conferred by section 168A of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), read with section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), and section 21 of Union Territory Goods and Services Tax Act, 2017 (14 of 2017), in view of the spread of pandemic COVID-19 across many countries of the world including India, the Government, on the recommendations of the Council, hereby notifies, as under,-

 

(i) where, any time limit for completion or compliance of any action, by any authority or by any person, has been specified in, or prescribed or notified under the said Act, which falls during the period from the 20th day of March, 2020 to the 29th day of June, 2020, and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action, shall be extended upto the 30th day of June,

2020, including for the purposes of--

 

(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the Acts stated above; or

(b) filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the Acts stated above;

 

but, such extension of time shall not be applicable for the compliances of the provisions of the said Act, as mentioned below -

 

(a) Chapter IV;

 

(b) sub-section (3) of section 10, sections 25, 27, 31, 37, 47, 50, 69, 90, 122, 129; (c) section 39, except sub-section (3), (4) and (5);


(d) section 68, in so far as e-way bill is concerned; and

 

(e) rules made under the provisions specified at clause (a) to (d) above;

 

 

(ii) where an e-way bill has been generated under rule 138 of the Central Goods and Services Tax Rules, 2017 and its period of validity expires during the period 20th day of March, 2020 to 15th day of April, 2020, the validity period of such e-way bill shall be deemed to have been extended till the 30th day of April, 2020.

 

2.         This notification shall come into force with effect from the 20th day of March, 2020. [F. No. CBEC-20/06/04/2020-GST]

 

 

 

(Pramod Kumar) Director, Government of India


[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

(i)]

 

Government of India Ministry of Finance (Department of Revenue)

Central Board of Indirect Taxes and Customs

 

 

Notification No. 35/2020 – Central Tax

 

 

New Delhi, the 3rd April, 2020

 

G.S.R.....(E). In exercise of the powers conferred by section 168A of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), read with section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), and section 21 of Union Territory Goods and Services Tax Act, 2017 (14 of 2017), in view of the spread of pandemic COVID-19 across many countries of the world including India, the Government, on the recommendations of the Council, hereby notifies, as under,-

 

(i) where, any time limit for completion or compliance of any action, by any authority or by any person, has been specified in, or prescribed or notified under the said Act, which falls during the period from the 20th day of March, 2020 to the 29th day of June, 2020, and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action, shall be extended upto the 30th day of June,

2020, including for the purposes of--

 

(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the Acts stated above; or

(b) filing of any appeal, reply or application or furnishing of any report, document, return, statement or such other record, by whatever name called, under the provisions of the Acts stated above;

 

but, such extension of time shall not be applicable for the compliances of the provisions of the said Act, as mentioned below -

 

(a) Chapter IV;

 

(b) sub-section (3) of section 10, sections 25, 27, 31, 37, 47, 50, 69, 90, 122, 129; (c) section 39, except sub-section (3), (4) and (5);


(d) section 68, in so far as e-way bill is concerned; and

 

(e) rules made under the provisions specified at clause (a) to (d) above;

 

 

(ii) where an e-way bill has been generated under rule 138 of the Central Goods and Services Tax Rules, 2017 and its period of validity expires during the period 20th day of March, 2020 to 15th day of April, 2020, the validity period of such e-way bill shall be deemed to have been extended till the 30th day of April, 2020.

 

2.         This notification shall come into force with effect from the 20th day of March, 2020. [F. No. CBEC-20/06/04/2020-GST]

 

 

 

(Pramod Kumar) Director, Government of India


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