Section 105 of CGST Act

Powers of Authority and Appellate Authority

Powers of Authority, Appellate Authority and the National Appellate Authority

[Substituted by the Finance (No. 2) Act, 2019, w.e.f. a date yet to be notified].

[Enforced w.e.f. 1-7-2017].

Section 105 (1)

The Authority or the Appellate Authority or the National Appellate Authority shall, for the purpose of exercising its powers regarding—

(a) discovery and inspection;

(b) enforcing the attendance of any person and examining him on oath;

(c) issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908).

Section 105 (2)

The Authority or the Appellate Authority or the National Appellate Authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974), and every proceeding before the Authority or the Appellate Authority or the National Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860).

Words “or the National Appellate Authority” inserted by the Finance (No. 2) Act, 2019, w.e.f. a date yet to be notified].