Home India Part III-Section 1(a) The Tamil Nadu Goods and Services Tax (Second Amendments) Ru...
Date: 2025-03-28 Category: Not Applicable State: Tamil Nadu Country: India

The Tamil Nadu Goods and Services Tax (Second Amendments) Rules, 2025.

Issued by Part III-Section 1(a) · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** The document is an Extraordinary Gazette of the Government of Tamil Nadu, dated March 28, 2025, publishing the Tamil Nadu Goods and Services Tax (Second Amendment) Rules, 2025. These rules, effective from March 27, 2025, amend the Tamil Nadu Goods and Services Tax Rules, 2017, specifically relating to refunds and appeals in certain circumstances. **Key Points / Main Content** * **Amendment Title:** The amendments are called the Tamil Nadu Goods and Services Tax (Second Amendment) Rules, 2025. * **Effective Date:** The notification is effective from March 27, 2025. * **Amendments to Rule 164:** * **Sub-rule (4) Modification:** In sub-rule (4), the phrase "related to the period mentioned in the said sub-section and" is inserted after "after payment of the full amount of tax". * **Sub-rule (4) Explanation:** An explanation is added stating that no refund is available for tax, interest, or penalty already discharged for the entire period before the commencement of the 2025 Amendment Rules where a notice, statement or order includes a demand of tax partially for the period mentioned in the sub-section and partially for another period. * **Amendment to Rule 164, sub-rule 7:** * A proviso is inserted stating that if a notice or statement includes a demand of tax partially for the period mentioned in sub-section (1) of section 128A and partially for another period, the applicant, instead of withdrawing the appeal, may inform the appellate authority or Tribunal they do not wish to pursue the appeal for the period mentioned in the sub-section. The authority will then pass an order for the period other than that mentioned in the sub-section, as it thinks just. * **Clarification (Explanation):** An explanation clarifies that the appeal application is deemed to have been withdrawn to the extent of the intimation for the period from July 1, 2017, to March 31, 2020, or part thereof, for sub-clause (3) of section 128A. **Impact Analysis** **Stakeholder:** Taxpayers/Applicants **Impact:** Provides clarity and modifies the rules related to refunds and appeals, particularly concerning tax, interest, or penalty demands that cover both the period mentioned in sub-section (1) of section 128A and other periods. **Action Required:** Applicants who have appeals involving tax demands for mixed periods (period from July 1, 2017, to March 31, 2020, and other periods) should assess whether to continue the appeal, withdraw it, or inform the appellate authority of their wish not to pursue the appeal for the specific period (July 1, 2017, to March 31, 2020). **Stakeholder:** Appellate Authorities/Appellate Tribunal **Impact:** Specifies the procedure to be followed in cases where applicants intimate that they do not wish to pursue an appeal for the period mentioned in section 128A. **Action Required:** Upon receiving intimation from the applicant, the relevant authority will have to pass an order for the period other than the period from July 1, 2017, to March 31, 2020.

Key Entities Referenced

Tamil Nadu Goods and Services Tax Act, 2017: The primary legislation being amended, as referenced by section 164. Tamil Nadu Goods and Services Tax Rules, 2017: The rules being amended by the Tamil Nadu Goods and Services Tax (Second Amendment) Rules, 2025. Tamil Nadu Goods and Services Tax (Second Amendment) Rules, 2025: The set of rules that amends the Tamil Nadu Goods and Services Tax Rules, 2017. The subject of the notification. Commercial Taxes and Registration Department: The Tamil Nadu government department responsible for issuing the notification. Section 128A: A specific section referenced within the rules being amended, concerning demand of tax.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2025 [Price: Re. 0.80 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 144] CHENNAI, FRIDAY, MARCH 28, 2025 Panguni 14, Kurothi, Thiruvalluvar Aandu–2056 Part III—Section 1(a) General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments. NOTIFICATIONS BY GOVERNMENT COMMERCIAL TAXES AND REGISTRATION DEPARTMENT THE TAMIL NADU GOODS AND SERVICES TAX (SECOND AMENDMENTS) RULES, 2025. [G.O.Ms. No.76, Commercial Taxes and Registration (B1), 28th March 2025, பங்குனி 14, குரோ�ோதி, திருவள்ளுவர் ஆண்டு-2056.] No. SRO A- 6 (C)/2025. In exercise of the powers conferred by section 164 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on the recommendations of the Council, hereby makes the following rules further to amend the Tamil Nadu Goods and Services Tax Rules, 2017, namely:— 1. (1) These rules may be called the Tamil Nadu Goods and Services Tax (Second Amendment) Rules, 2025. (2) This Notification shall be deemed to have been come into force with effect from 27.03.2025. 2. In the Tamil Nadu Goods and Services Tax Rules, 2017,– (a) in rule 164, – (i) in sub-rule (4), after the words “after payment of the full amount of tax”, the words “related to period mentioned in the said sub-section and” shall be inserted. (ii) after sub-rule (4), the following Explanation shall be inserted, namely: -“ Explanation, - No refund shall be available for any tax, interest, and penalty, which has already been discharged for the entire period, prior to the commencement of the Tamil Nadu Goods and Services Tax (Second Amendment) Rules, 2025, in cases where a notice or statement or order mentioned in sub-section (1) of section 128A, includes a demand of tax, partially for the period mentioned in the said sub-section and partially for a period other than mentioned in the said sub-section.”. (b) in rule 164, in sub-rule 7, after the first proviso, the following proviso shall be inserted, namely: - “Provided further that where the notice or statement or order mentioned in sub-section(1) of section 128A of the Act includes demand of tax, partially for the period mentioned in the said sub-section and partially for the period other than that [1] Ex-III-1(a)—(144)2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY mentioned in the said sub-section, the applicant instead of withdrawing the appeal, shall intimate the appellate authority or Appellate Tribunal that he does not wish to pursue the appeal for the period mentioned in the said sub-section and the relevant authority shall, after taking note of the said request, pass such order for the period other than that mentioned in the said sub-section, as he thinks just and proper. Explanation,– For the removal of doubt, it is clarified that the appeal application shall be deemed to have been withdrawn to the extent of the said intimation for the period from the 1st July, 2017 to the 31st March, 2020 or part thereof, for the purpose of sub-clause (3) of section 128A.” KUMAR JAYANT, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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