Shanti Prime Publication Pvt. Ltd.
Jurisdiction under GST — The petitioner stated that though as per provisions of Section 174(2)(e) of the CGST Act, irrespective of the administration control under GST regime, the audit functions for previous period would continue to be exercised by C.B.E. & C. over the taxpayers, who were earlier registered with the Central Excise and Service Tax but, as per Section 19 of the Constitution Act, 2016, such power does not survive after expiry of period of one year. The provision incorporated in the Constitution Act, 2016, in no manner, restrict the operation of the provisions of Section 174(2) incorporated in CGST Act beyond the period of one year, which provides that repeal of the Acts specified in sub-section (1) of Section 174 and the amendment of the Finance Act, 1994 to the extent mentioned in sub-section (1) or Section 173, as the case may be, shall not amongst others affect an investigation, enquiry or verification (including scrutiny and audit), assessment proceedings, adjudication or other legal proceeding or recovery of arrears etc., and all such proceedings may be instituted, continued or enforced as if the Act had not been so amended or repealed. Writ petition dismissed. — Suresh Kumar Singhal Vs. Union of India  06 TAXLOK.COM 084 (Rajasthan)