Section 106 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XVII, Advance Ruling

At a glance

Procedure, powers and definitions

  • 106The Authority and Appellate Authority may regulate their procedure subject to Chapter XVII, including the hearing requirement in section 98.
  • 106 footnotesThe national appellate addition and heading amendment remain pending notification.
  • 106The law does not settle whether restrictions on what an applicant may submit, or when, are procedure the body may regulate itself.

The Authority and Appellate Authority can regulate their own procedure, subject to Chapter XVII. That power must accommodate the Chapter’s hearing requirements, including those for considering an application. The proposed addition of the National Appellate Authority remains pending notification. The section does not define where procedural control ends and matters governed by the Act begin.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 106, verbatim (show)

* Section 106. 1[Procedure of Authority and Appellate Authority ] - The Authority or the Appellate Authority 2[or the National Appellate Authority] shall, subject to the provisions of this Chapter, have power to regulate its own procedure.

1. Substituted by s.110 of the Finance (No. 2) Act, 2019 (23 of 2019) for "Procedure of Authority and Appellate Authority." This amendment shall be effective from a date to be notified.

2. Inserted by s.110 of the Finance (No. 2) Act, 2019 (23 of 2019). This amendment shall be effective from a date to be notified.

Not yet in force. Footnote 1 records a change with effect from a date yet to be notified: substituted the heading of the section for "Procedure of Authority and Appellate Authority.". This page follows the text as the CBIC portal serves it.
Not yet in force. Footnote 2 records a change with effect from a date yet to be notified: inserted "or the National Appellate Authority" in the body of the section. This page follows the text as the CBIC portal serves it.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope, the body acting and the unnotified insertion the section as a whole

Questions to answer on the file3 questions
Ticks stay in this browser only.

The power to regulate its own procedure the words "have power to regulate its own procedure"

Questions to answer on the file4 questions
Ticks stay in this browser only.

Subject to the provisions of this Chapter the words "subject to the provisions of this Chapter"

Questions to answer on the file3 questions
Ticks stay in this browser only.

Amendment history

The CBIC text carries 2 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 106 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
1substituted the heading of the section for "Procedure of Authority and Appellate Authority."section 110 of the Finance (No. 2) Act, 2019 (23 of 2019)[2]"a date to be notified" — not notified; not in force
2inserted "or the National Appellate Authority" in the body of the sectionsection 110 of the Finance (No. 2) Act, 2019 (23 of 2019)[2]"a date to be notified" — not notified; not in force
Provisions connected to Section 106
ProvisionConnectionWords that tie them
Section 95this provision defined by Section 95 clause (e)95(e) "'Authority' means the Authority for Advance Ruling referred to in section 96"
Section 95this provision defined by Section 95 clause (b)95(b) "'Appellate Authority' means the Appellate Authority for Advance Ruling referred to in section 99"
Section 98Section 98 exception in this provision98(2) "after hearing the applicant or his authorised representative and the concerned officer"; a step this Chapter lays down is not left to the body
Section 105this provision same as Section 105105(1) "The Authority or the Appellate Authority" — the same two bodies, and the same pair of unnotified insertions

Circulars and notifications

No circular or notification in the CBIC repository is recorded as citing this section.

Unsettled questions

The words of section 106 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. The section gives the body power to regulate "its own procedure" and nowhere says what procedure is. It does not say whether a step that affects what an applicant may place before the body, or when, is procedure the body may settle for itself, or a matter the Chapter and the Act govern.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 106. Procedure of Authority, Appellate Authority and National Appellate Authority". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 2. Retrieved 17 September 2026.
  2. The Finance (No. 2) Act, 2019. Cited in CBIC footnotes 1 and 2.

External links