No Sales on Sunday And Holidays According to the GST Rules?

A seminar (GST Solution Seminar) was organized  to resolve GST Problems by the Bharatiya Kardata Sangh, Sumerpur at Sumerpur (Rajasthan). A strange and prudent question was asked in Zero Hours of this seminar, ” Whether  According to the GST rules, the sale of goods has been banned on Sundays and holidays? 

GST Planning, GST Problems and Solutions, use of Police in Income-tax Search and Survey were discussed in this seminar held at  Sumerpur, Rajasthan. In this Seminar, Chief Guest of the program Mr. B.L. Chauhan, ​​GST registration of Gujarat Incharge Officer , Ahmedabad area, CA K. C. Moondra and CA Mukul Moondra  put their detailed  in the program. During the ‘Zero Hours’, a long question-answer session was caaried out in which a strange question was asked whether according to GST Rules, sale on Sundays and holidays has been banned?

In support of this question the questioner said that as per Rule 149 of Central GST Rules, a dealer can not sell goods  on Sundays, Recognized Holidays and Notified Holidays). In response to this question, CA Mukul Moondra explained in detail that through the Rule 149 of Central GST Rules , a  restriction has been imposed but this restriction is not against the general merchant. CA Mukul Moondra clarified that no such restriction has been imposed as it is being understood, therefore traders should not worry about it.

CA Mukul Moondra drawn the attention of all the participants towards the provision of rule 149 which is as under to resolve the confusion – 

149. Prohibition against sale on holidays.- No sale under the rules under the provision of this chapter shall take place on a Sunday or other general holidays recognized by the Government or on any day which has been notified by the Government to be a holiday for the area in which the sale is to take place

From the aforesaid provision, it clearly appears that on Sunday and holidays the sale of GST law has been banned so that traders are worried. This provision has also been inserted  in a hasty manner by imitating anything which has no justification. This provision also shows that there is a complete lack of seriousness in making GST law.

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Explaining this rule, CA Mukul Mundra said that the said rule 149 under Chapter XVIII of the of Central G.S.T. Rules, 2017, comes under the head / chapter  “Demands and Recovery”, which is related only to outstanding demands and realization, which has nothing to do with regular business. This fact has been clarified in the provision of rule 149 which our readers can see, read and understand above.

This question was started with a WhatsApp messages, therefore, CA Mukul Munda warned all the traders that they should  not make any opinion on the basis of such Whatsapp messages. He also said that now-a-days, whatsapp has become a tool to spread any false and fake things and therefore, businessman should not believe such whatsapp message and they should take advice of their Tax Consultants.

Report : Manish Mewara

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