Section 6 CGST Act 2017 – Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances.

By | April 15, 2017
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(Last Updated On: February 10, 2018)

Section 6 CGST Act 2017

[ Section 6 CGST Act 2017 Notified w.e.f 01.07.2017 vide Notification No. 9/2017 – Central Tax Dated 28th June, 2017 ]

Section 6 CGST Act 2017 explains about Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances and is Covered under Chapter II Administration :-

[Note : CGST Act 2017 also known as CENTRAL GOODS AND SERVICES TAX ACT, 2017 assented by the President of India on 12-4-2017 -An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Central Government and the matters connected therewith or incidental thereto. ]

Authorisation of officers of State tax or Union territory tax as proper officer in certain circumstances.

6. (1) Without prejudice to the provisions of this Act, the officers appointed under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification [ Note-1, 2 ] , specify.

(2) Subject to the conditions specified in the notification issued under subsection (1),—

(a) where any proper officer issues an order under this Act, he shall also issue an order under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as authorised by the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, under intimation to the jurisdictional officer of State tax or Union territory tax;

(b) where a proper officer under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter.

(3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act shall not lie before an officer appointed under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act.


Note

2. Amending notification No. 39/2017-Central Tax dated 13.10.2017 for cross-empowerment of State tax officers for processing and grant of refund vide Notification No 10/2018  Central Tax Dated 23rd January, 2018

1 Seeks to cross-empower State Tax officers for processing and grant of refund vide Notification No 39/2017 Central Tax dated 13th October, 2017

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