Section 23 of IGST Act 2017: Power to Make Regulations

Provisions under Section 23 of the Integrated Goods and Services Tax (IGST) Act, 2017 relating to “Power to Make Regulations”, are as under:

Section 23 of IGST Act 2017: Power to Make Regulations (CHAPTER IX – MISCELLANEOUS)

The Board may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.

Amendments History:

NA

Commentary on Section 23 of the IGST Act

Section 23 of the Integrated Goods and Services Tax (IGST) Act, 2017, titled “Power to Make Regulations,” grants the authority to the Central Board of Indirect Taxes and Customs (CBIC) to create regulations necessary for implementing the provisions of the IGST Act. This commentary will provide a better understanding of the section and its implications:

i) Authority of the Board: The CBIC, a part of the Department of Revenue under the Ministry of Finance, is responsible for administering indirect taxes in India. Under Section 23, the Board is empowered to create and implement regulations to carry out the provisions of the IGST Act, which deals with the taxation of inter-state supply of goods and services.

ii) Consistency with the Act and Rules: The regulations made under Section 23 must be consistent with the IGST Act and the rules made under it. This ensures that the regulations do not conflict with the existing legal framework and work in harmony with the other provisions of the Act.

iii) Notification: The Board must issue a notification to make these regulations, which will be published in the official gazette. This ensures transparency and allows stakeholders to stay informed about the new regulations.

iv) Purpose: The main purpose of Section 23 is to provide a mechanism for the Board to create regulations that are necessary for the effective administration of the IGST Act. These regulations may address procedural matters, clarify provisions or provide guidance on specific aspects of the Act.

In summary, Section 23 of the IGST Act, 2017, empowers the Central Board of Indirect Taxes and Customs to make regulations consistent with the Act and its rules to carry out the provisions of the IGST Act. This ensures that the Board can create an effective regulatory framework for administering the inter-state supply of goods and services taxation in India.

—–

Note: The IGST Act 2017 has been notified vide GOI Notification dated 12/04/2017, which has subsequently been amended through IGST Extension to J&K Act 2017, IGST (Amendment) Act 2018. Finance Act 2019, Finance Act 2020, Finance Act 2021, Finance Act, 2022 and Finance Act, 2023, including various Notifications issued by the Govt./ CBIC from time to time, relating to the commencement dates of various Sections/ Provisions in the respective IGST/ Amendment Acts, wherever required. Information on this page is a Section-wise compilation of the Amendments made by various Notifications issued by CBIC from time to time, with best possible efforts for accuracy. In any case, E&OE. For official/ updated information, please visit CBIC website.