Section 174 Karnataka GST Act 2017 : Saving.

By | September 19, 2017
(Last Updated On: September 19, 2017)

Section 174 Karnataka GST Act 2017

[ Section 174 Karnataka GST Act 2017 explains Saving. and is covered in CHAPTER XXI MISCELLANEOUS ]

Saving.

174. (1) The repeal of the Acts specified in section 173 shall not—

(a)revive anything not in force or existing at the time of such repeal; or
(b)affect the previous operation of the repealed Acts and orders or anything duly done or suffered thereunder; or
(c)affect any right, privilege, obligation, or liability acquired, accrued or incurred under the repealed Acts or orders under such repealed Acts:
Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or
(d)affect any tax, surcharge, penalty, fine, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the repealed Acts; or
(e)affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so repealed; or
(f)affect any proceedings including that relating to an appeal, revision, review or

reference, instituted before, on or after the appointed day under the said repealed Acts and such proceedings shall be continued under the said repealed Acts as if this Act had not come into force and the said Acts had not been repealed.

(2) Not withstanding anything contained in section 173, for the purpose of giving effect to sub- section (1), the State Government may, by notification, in the Official Gazette make such provision as appears to it necessary or expedient,-

(a)for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed Acts;
(b)for specifying the authority, officer or person who shall be competent to exercise such functions exercisable under any of the repealed Acts or any rules, notifications or orders issued thereunder as may be mentioned in the said notification.

(3) Notwithstanding anything contained in section 173, nothing contained in any of the repealed Acts limiting the time within which any action may be taken or any order, assessment or re- assessment may be made shall apply to an assessment or re-assessment made on the assessee or any person,-

(i)in consequence of, or to give effect to, any finding, direction or order made under any provision of the relevant repealed Acts or any judgement, or order made by the Supreme Court, High Court or any other court whether before or after the commencement of this Act;
(ii)to rectify any error on account of the assessment of such assessee or person under this Act, instead of under the relevant enactment, provided such assessment or re- assessment under the repealed Acts is made within the time specified in such repealed Acts.

(4) The repeal of the Acts referred to in section 173 shall not be held to prejudice or affect the general application of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) with regard to the effect of repeal.

 


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