Section 172

What does the Section say?

Section 172 empowers the Central Government to issue Removal of Difficulties Orders for resolving practical implementation issues that may arise while giving effect to the provisions of the CGST Act.

When a new law is introduced, unforeseen administrative or procedural difficulties may emerge. Instead of immediately amending the Act through Parliament, the Government may issue an order to remove such difficulties, provided it is not inconsistent with the provisions of the Act.

This power is temporary and can be exercised only within the period specified in the Act from its commencement. It cannot be used to change the substance of the law or create new tax liabilities.

The purpose is merely to facilitate smooth implementation during the transition and initial operation of the legislation.

Simple Example

If ambiguity arises regarding the implementation of a newly introduced GST provision, the Government may issue a Removal of Difficulties Order to clarify the procedure until the law is suitably amended, if necessary.

Key Points

  • Addresses implementation difficulties.
  • Cannot override the Act.
  • Temporary enabling power.
  • Used for procedural clarification.
  • Facilitates smooth administration.

One-Line Summary

Section 172 allows the Government to remove practical implementation difficulties without altering the law itself.


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