Section 174 of CGST Act Liability in case of amalgamation or merger of companies (updated till July 2024)

Section 174 of CGST Act Liability in case of amalgamation or merger of companies

Section 174. Repeal and saving.-
(1) Save as otherwise provided in this Act, on and from the date of commencement of this Act,
the Central Excise Act, 1944 (1 of 1944) (except as respects goods included in entry 84 of the
Union List of the Seventh Schedule to the Constitution), the Medicinal and Toilet Preparations
(Excise Duties) Act, 1955 (16 of 1955), the Additional Duties of Excise (Goods of Special
Importance) Act, 1957 (58 of 1957), the Additional Duties of Excise (Textiles and Textile Articles)
Act, 1978 (40 of 1978), and the Central Excise Tariff Act, 1985 (5 of 1986) (hereafter referred to as
the repealed Acts) are hereby repealed.
(2) The repeal of the said Acts and the amendment of the Finance Act, 1994 (32 of 1994)
(hereafter referred to as “such amendment” or “amended Act” , as the case may be) to the extent
mentioned in the sub-section (1) or section 173 shall not-
(a) revive anything not in force or existing at the time of such amendment or repeal; or
(b) affect the previous operation of the amended Act or repealed Acts and orders

(c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the
amended Act or repealed Acts or orders under such repealed or amended Acts:
Provided that any tax exemption granted as an incentive against investment through a
notification shall not continue as privilege if the said notification is rescinded on or after
the appointed day; or
(d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or
any forfeiture or punishment incurred or inflicted in respect of any offence or violation
committed against the provisions of the amended Act or repealed Acts; or
(e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment
proceedings, adjudication and any other legal proceedings or recovery of arrears or
remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right,
privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such
investigation, inquiry, verification (including scrutiny and audit), assessment
proceedings, adjudication and other legal proceedings or recovery of arrears or remedy
may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine,
interest, forfeiture or punishment may be levied or imposed as if these Acts had not
been so amended or repealed;
(f) affect any proceedings including that relating to an appeal, review or reference,
instituted before on, or after the appointed day under the said amended Act or repealed
Acts and such proceedings shall be continued under the said amended Act or repealed
Acts as if this Act had not come into force and the said Acts had not been amended or
repealed.

(3) The mention of the particular matters referred to in sub-sections (1) and (2) shall not be held
to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of
1897) with regard to the effect of repeal.