Section 5 of the CGST Act, 2017

From the IndiaAuditLens Law Library

GST›CGST Act, 2017›Chapter II, Administration

At a glance

Bars, duties and time limits

  • 5(4)Overriding the rest of this section, an Appellate Authority shall not exercise another central tax officer’s powers or duties.

Procedure, powers and definitions

  • 5(1)A central tax officer may exercise the Act’s powers and duties conferred or imposed on him, subject to Board conditions and limitations.
  • 5(2)A central tax officer may exercise the Act’s powers and duties of a subordinate central tax officer.
  • 5(3)The Commissioner may delegate powers to a subordinate officer, subject to the Commissioner’s specified conditions and limitations.

Section 5 governs central tax officers’ powers and duties, subject to Board conditions and limitations. An officer may also act with the powers of a subordinate, and the Commissioner may delegate to a subordinate on specified terms. Sub-section (4) overrides those provisions: an Appellate Authority cannot exercise another central tax officer’s powers or duties. The section came into force on 22 June 2017.[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 5, verbatim (show)

*

Section 5.

Powers of officers under GST.-

(1) Subject to such conditions and limitations as the Board may impose, an officer of central tax may exercise the powers and discharge the duties conferred or imposed on him under this Act.

(2) An officer of central tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of central tax who is subordinate to him.

(3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him.

(4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of central tax.

*Enforced w.e.f. 22nd June 2017.

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 section as a whole

Questions to answer on the file1 question
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The officer's own power 5(1)

Questions to answer on the file2 questions
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A superior exercising a subordinate's power 5(2)

Questions to answer on the file2 questions
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A power delegated by the Commissioner 5(3)

Questions to answer on the file2 questions
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The bar on an Appellate Authority 5(4)

Questions to answer on the file1 question
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Provisions connected to Section 5
ProvisionConnectionWords that tie them
Section 3this provision requires Section 3the power belongs to an officer of central tax appointed under section 3

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (9)

NumberDateSubject
Circular No. 254/11/2025-GST27 October 2025Assigning proper officer under section 74A, section 75(2) and section 122 of the Central Goods and Services Tax Act, 2017
Circular No. 234/28/2024-GST11 October 2024Clarifications regarding applicability of GST on certain services
Circular No. 83/02/2019-GST1 January 2019Applicability of GST on Asian Development Bank (ADB) and International Finance Corporation (IFC).
Circular No. 31/05/2018-GST9 February 2018Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017. amended by a later instrument
Circular No. 9/09/2017-GST18 October 2017Authorized officer for enrollment of Goods and Services Tax Practitioner.
Circular No. 8/08/2017-GST4 October 2017Clarification on issues related to furnishing of Bond/LUT for exports.
Circular No. 3/03/2017-GST5 July 2017Proper officer relating to provisions other than Registration and Composition under the Central Goods and Services Tax Act, 2017-Reg.
Circular No. 2/02/2017-GST4 July 2017Issues related to furnishing of Bond/ Letter of Undertaking for Exports-Reg. rescinded by a later instrument
Circular No. 1/01/2017-GST26 June 2017Proper officer for provisions relating to Registration and Composition levy under the Central Goods and Services Tax Act, 2017 or the rules made thereunder-Reg.
Notifications (23)
NumberDateSubject
Notification No. 10/2025-Central Tax13 March 2025Seeks to amend notification No. 02/2017-Central Tax. made under this section
Notification No. 31/2024-Central Tax13 December 2024Seeks to appoint common adjudicating authority for Show cause notices issued by officers of DGGI made under this section
Notification No. 28/2024-Central Tax27 November 2024Seeks to appoint common adjudicating authority for Show cause notices issued by DGGI. made under this section
Notification No. 27/2024-Central Tax25 November 2024Seeks to amend Notification No. No. 02/2017-Central Tax, dated the 19th June, 2017
Notification No. 11/2024-Central Tax30 May 2024Seeks to amend Notification No. 02/2017-CT dated 19th June, 2017 to assign district of Kotputli-Behror to CGST Alwar Commissionerate made under this section
Notification No. 10/2024-Central Tax29 May 2024Seeks to amend the Notification no. 02/2017-CT dated 19.06.2017 with effect from 5th August, 2023 made under this section
Notification No. 05/2024-Central Tax30 January 2024Amendment in Notification No. 02/2017-CT dated 19th June, 2017.
Notification No. 46/2023-Central Tax18 September 2023Seeks to appoint common adjudicating authority in respect of show cause notice issued in favour of M/s Inkuat Infrasol Pvt. Ltd. made under this section
Notification No. 39/2023-Central Tax17 August 2023Seeks to amend Notification No. 02/2017-Central Tax dated 19.06.2017
Notification No. 40/2023-Central Tax17 August 2023Seeks to appoint common adjudicating authority in respect of show cause notice issued in favour of M/s United Spirits Ltd. made under this section
Notification No. 35/2023-Central Tax31 July 2023Seeks to appoint common adjudicating authority in respect of show cause notices in favour of against M/s BSH Household Appliances Manufacturing Pvt Ltd. made under this section
Notification No. 01/2023-Central Tax4 January 2023To assign powers of Superintendent of central tax to Additional Assistant Directors in DGGI, DGGST and DG Audit. made under this section
Notification No. 02/2022-Central Tax11 March 2022Appointment of Common Adjudicating authority for adjudicating the show cause notices issued by DGGI under GST.
Notification No. 02/2021-Central Tax12 January 2021Notifying amendment to jurisdiction of Central Tax officers. made under this section
Notification No. 05/2020-Central Tax13 January 2020Seeks to appoint Revisional Authority under CGST Act, 2017.
Notification No. 51/2019-Central Tax31 October 2019Seeks to amend notification no. 2/2017- Central Tax in order to notify jurisdiction of Jammu Commissionerate over UT of J&K and UT of Ladakh.
Notification No. 04/2019-Central Tax29 January 2019Seeks to amend notification No. 2/2017-Central Tax dated 19.06.2017 so as to define jurisdiction of Joint Commissioner (Appeals).
Notification No. 79/2018-Central Tax31 December 2018Seeks to amend notification No. 2/2017 - Central Taxes dated 19.06.2017. made under this section
Notification No. 14/2017-Central Tax1 July 2017Assigning jurisdiction and power to officers of various directorates amended by a later instrument made under this section
Annexure dated 28 Jun 2017 (Annexure to Notification No. 11/2017-Central Tax (Rate))28 June 2017Annexure to Notification No. 11/2017-Central Tax (Rate)
Notification No. 11/2017-Central Tax (Rate)28 June 2017To notify the rates for supply of services under CGST Act amended by a later instrument
Notification No. 12/2017-Central Tax (Rate)28 June 2017To notify the exemptions on supply of services under CGST Act amended by a later instrument
Notification No. 02/2017-Central Tax19 June 2017Notifying jurisdiction of Central Tax Officers amended by a later instrument

Unsettled questions

The words of section 5 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. the provision leaves nothing to a firm position

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 5. Powers of officers under GST". Central Goods and Services Tax Act, 2017, CBIC tax information portal. Retrieved 17 September 2026.

External links