The Government of Bihar, via Notification No. S.O. 144 dated July 09, 2025, issued the Bihar Goods and Services Tax (Second Amendment) Rules, 2025, effective retrospectively from March 27, 2025. Key amendments to Rule 164 clarify that no refund is allowed for tax, interest, or penalty already paid before this amendment, even if the demand covers mixed periods under Section 128A(1). Further, in appeal cases involving such mixed periods, applicants can choose to not pursue the appeal for the specified period without withdrawing the entire appeal. Authorities will then decide the case for the remaining period as deemed appropriate.
In exercise of the powers conferred by section 164 of the Bihar Goods and Services Tax Act, 2017, (Bihar Act 12, 2017), the Governor of Bihar, on the recommendations of the Council, hereby makes the following rules further to amend the Bihar Goods and Services Tax Rules, 2017, namely: –
(1) These rules may be called the Bihar Goods and Services Tax (Second Amendment) Rules, 2025.
(2) They shall be deemed to have come into force with effect from the 27th March, 2025
In the Bihar Goods and Services Tax Rules, 2017, –
(a) in rule 164, –
(i) in sub-rule (4), after the words “after payment of the full amount of tax”, the words “related to period mentioned in the said sub-section and” shall be inserted.
(ii) after sub-rule (4), the following Explanation shall be inserted, namely: –
“Explanation- No refund shall be available for any tax, interest, and penalty, which has already been discharged for the entire period, prior to the commencement of the Bihar Goods and Services Tax (Second Amendment) Rules, 2025, in cases where a notice or statement or order mentioned in sub-section (1) of section 128A, includes a demand of tax, partially for the period mentioned in the said sub-section and partially for a period other than mentioned in the said sub-section.”.
(b) in rule 164, in sub-rule 7, after the first proviso, the following proviso shall be inserted, namely: –
“Provided further that where the notice or statement or order mentioned in sub-section(1) of section 128A of the Act includes demand of tax, partially for the period mentioned in the said sub-section and partially for the period other than that mentioned in the said sub-section, the applicant instead of withdrawing the appeal, shall intimate the appellate authority or Appellate Tribunal that he does not wish to pursue the appeal for the period mentioned in the said sub-section and the relevant authority shall, after taking note of the said request, pass such order for the period other than that mentioned in the said sub-section, as he thinks just and proper.
Explanation.- For the removal of doubt, it is clarified that the appeal application shall be deemed to have been withdrawn to the extent of the said intimation for the period from the 1st July, 2017 to the 31st March, 2020 or part thereof, for the purpose of sub-clause (3) of section 128A.”
The Notification can be accessed at: https://a2ztaxcorp.com/wp-content/uploads/2025/07/Bihar-Goods-and-Services-Tax-Second-Amendment-Rules-2025.pdf
