TRU Clarification on Effective Date of Explanation
Inserted in Notification No. 11/2017- CTR dated 28.06.2017, Sr. No. 3(vi)
·
The explanation having been inserted under section
11(3) of the CGST Act, is effective from the inception of the entry at Sl. No. 3(vi)
of the notification No. 11/2017- CTR dated 28.06.2017, that is 21.09.2017. The
line in notification No. 17/2018-CTR dated 26.07.2018 which states that the
notification shall come into effect from 27.07.2017 does not alter the
operation of the notification in terms of Section 11(3) as explained in para 3
above
[Circular
No. 120/39/2019- GST dated 11 October 2019]
Subject: Clarification on the effective date of
explanation inserted in notification No. 11/2017- CTR dated 28.06.2017, Sr. No.
3(vi).
Representations have been received to amend the effective date of notification
No. 17/2018-CTR dated 26.07.2018 whereby explanation was inserted in notification
No. 11/2017-CTR dated 28.06.2017, Sr. No. 3(vi) to the effect that for the purpose
of the said entry, the activities or transactions under taken by Government and
Local Authority are excluded from the term `business’.
2. The matter has been examined. Section 11(3) of CGST Act provides that
the Government may insert an explanation in any notification issued under section
11, for the purpose of clarifying its scope or applicability, at any time within
one year of issue of the notification and every such explanation shall have effect
as if it had always been the part of the first such notification.
3. As recommended by GST Council, the explanation in question was inserted
vide notification No. 17/2018-CTR dated 26.07.2018 in exercise of powers under section
11(3) within one year of the insertion of the original entry prescribing concessional
rate, so that it would have effect from the date of inception of the entry i.e.
21.09.2017. However, like other notifications issued on 26.07.2018 to give effect
to other recommendations of the GST Council, the said notification also contained
a line in the last paragraph that the notification shall come into effect from 27.07.2018.
4. It is hereby clarified that the explanation having been inserted under
section 11(3) of the CGST Act, is effective from the inception of the entry at Sl.
No. 3(vi) of the notification No. 11/2017- CTR dated 28.06.2017, that is 21.09.2017.
The line in notification No. 17/2018-CTR dated 26.07.2018 which states that the
notification shall come into effect from 27.07.2017 does not alter the operation
of the notification in terms of Section 11(3) as explained in para 3 above.
5. Difficulty, if any, in implementation of this circular may be brought
to the notice of the Board.
F. No. 354/136/2019-TRU