Power of Government to make Rules & Regulations [Section 164 & 165] - GST Ready Reckoner - GST

Power of Government to make Rules Regulations Power of government To make Rules [ Section 164 ] Such section empowers the Government to make rules on the recommendations of the GST Council for carrying out the provisions of the Act. The Government may make rules for all or any of the matters which by the Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made. The rules may also be issued with retrospective effect but not from a date earlier than the date on which the provisions of the Act have come into force. The rules may provide for a penalty not exceeding Rs. 10,000/- for committing breach of any rule. Power Of Board to make regulations [ Section 165 ] Section 165 empowers the Board to make regulations consistent with the Act and the rules made thereunder to carry out the provisions of the Act. Thus, while the rule making power lies with the Government, the regulation making power has been delegated to the CBEC (Board). The Central Government and the Board have been vested with the similar powers of making rules and regulations respectively under sections 22 section 23 of the IGST Act also.