Rectification application filed to be mandatorily disposed within six months of issuance of order or notice or any other document under Section 161

[CA Bimal Jain]

The Hon’ble Madras High Court in the case of M/S. MANI BLUE METALS & M. SAND, REP. BY ITS PROPRIETOR, R. MALLIGA VERSUS THE STATE TAX OFFICER, PALACODE - 2024 (7) TMI 803 - MADRAS HIGH COURT disposed of the writ petition in case where the rectification application filed was not being decided upon within the prescribed period of six months for rectification of order as per Section 161 of the Central Goods and Services Tax Act (“the CGST Act”).

Facts:

Mani Blue Metals and M. Sand (“the Petitioner”) issued an assessment order dated August 30, 2023 was issued relating to alleged non-payment of tax due of seigniorage fees under RCM and alleged short payment of tax on outward supply.

The Petitioner thereafter filed a rectification application under Section 161 of the CGST Act. However, the Petitioner contends that the rectification application has not been disposed within the prescribed time limit of six months.

Issue:

Whether rectification application filed is to be mandatorily disposed within six months of issuance of order or notice or any other document?

Held:

The Hon’ble Madras High Court in the case of M/S. MANI BLUE METALS & M. SAND, REP. BY ITS PROPRIETOR, R. MALLIGA VERSUS THE STATE TAX OFFICER, PALACODE - 2024 (7) TMI 803 - MADRAS HIGH COURT took into consideration the submission made by the Petitioner and directed the Department to dispose the rectification application filed within a period of three month from the date of receipt of hon’ble high court order passed in the aforesaid case.

Our Comments:

As per Section 161 of the CGST Act, the affected person has to bring the error apparent within a period of three months from the date of issuance of such order or notice or certificate or any other document, however, no such rectification shall be done after a period of six months from the date of issuance of aforesaid documents. However, the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission:

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