2019 (12) TMI 1006 - AAR - GST

Maintainability of rectification application - Application was filed beyond time limitation and is thus barred by time - HELD THAT - In the present matter, the applicant's ARA order was passed by the authority on 12.10.2018, as per the documents submitted on record at the time of final hearing - On going through the record, it is seen that, the applicant has not provided any copies of contract, entered into by them with MCGM at the time of hearing. Therefore, the applicant's contention that such copies were submitted during hearing is not accepted. The applicant has filed rectification application on 10.10.2019 which is beyond the statutory limit of six months as prescribed under Section 102 of CGST Act/MGST Act, 2017. It is delayed and barred by limitation. Therefore, the said application is not found tenable under scope of rectification. The application for rectification is barred by limitation and not maintainable.

Summary

Issues Involved:
1. Rectification of Advance Ruling order due to missing contract copies.
2. Authority's power to rectify errors under Section 102 of CGST Act/MGST Act, 2017.
3. Timeliness of rectification application under Section 102.

Issue 1: Rectification of Advance Ruling order due to missing contract copies
The applicant, a consultancy cell, sought rectification of an Advance Ruling order as they claimed to have submitted contract copies during the hearing. However, the Authority found no evidence of the submission in the records. The applicant's plea was based on the assertion that the contract copies were presented during the hearing, which was contradicted by the Authority's review of the case. Consequently, the rectification application was deemed invalid due to lack of supporting documentation provided within the stipulated timeframe.

Issue 2: Authority's power to rectify errors under Section 102 of CGST Act/MGST Act, 2017
Under Section 102 of the CGST Act/MGST Act, 2017, the Authority possesses the jurisdiction to rectify errors apparent on the face of the record in orders passed under Section 98 or 101. The provision allows for rectification if the error is noticed by the Authority, brought to its attention by relevant parties within six months from the order date, and does not result in increased tax liability or reduced input tax credit without affording an opportunity for a hearing. In this case, the Authority exercised its power to review the rectification application but rejected it due to the absence of contract copies and the application being time-barred.

Issue 3: Timeliness of rectification application under Section 102
The applicant's rectification application, submitted on 10.10.2019, was reviewed for timeliness under Section 102 of the CGST Act/MGST Act, 2017. As per the statutory provisions, rectification requests must be made within six months from the date of the original order. Since the applicant's submission exceeded this timeframe, the Authority deemed the application as delayed and barred by limitation, rendering it untenable for rectification. Consequently, the rectification application was rejected on the grounds of being time-barred and not maintainable within the statutory limits.

This comprehensive analysis of the legal judgment highlights the issues surrounding the rectification of an Advance Ruling order, the Authority's powers under Section 102 of the CGST Act/MGST Act, 2017, and the importance of adhering to statutory timelines for rectification applications.