Circular No 120/39/2019 GST : effective date of explanation inserted in notification No. 11/2017- CTR

By | October 13, 2019
(Last Updated On: October 13, 2019)

Clarification on the effective date of explanation inserted in notification No. 11/2017- CTR dated 28.06.2017, Sr. No. 3(vi).

Circular No. 120/39/2019- GST

F. No. 354/136/2019-TRU
Government of India
Ministry of Finance
Department of Revenue
(Tax research Unit)

Room No. 146G, North Block,
New Delhi, the 11th October 2019

To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/
Commissioner of Central Tax (All) /
The Principal Director Generals/ Director Generals (All)
Madam/Sir,

Subject: Clarification on the effective date of explanation inserted in notification No.
11/2017- CTR dated 28.06.2017, Sr. No. 3(vi) – reg.

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.

Yours Faithfully,
Shashikant Mehta
OSD (TRU)
E-mail: shashikant.mehta@gov.in
Tel: 011-2309554

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