The Power to Rectify versus Power to review of assessment order: Tax Assessments

Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2023 (10) TMI 1337 - KERALA HIGH COURT

1. Petitioner's Challenge: The petitioner has filed a writ petition challenging the Exhibit P-5 order dated 29.09.2023, which relates to a rectification made by the 1st respondent.

2. Background: The assessment proceedings were completed earlier through Exhibit P-1 order. In this assessment, the petitioner was found to have claimed excess input tax credit amounting to Rs.2,74,570/-, with equal amounts for CGST and SGST. As a result, the petitioner was directed to pay this amount, along with interest and penalty, totaling Rs.5,65,620/-.

3. Rectification Claim: The petitioner filed a rectification application (Exhibit P-4) in which they claimed that they had mistakenly claimed the excess input tax credit, and this mistake had been rectified in April 2018, as reflected in GSTR 3B.

4. Assessing Authority's View: The assessing authority, as per the impugned order (Exhibit P-5), held that the assessment order had been finalized and passed based on the records available. They did not find it justifiable to review the assessment order based on subsequent events. The assessing authority emphasized the difference between rectification and an order on review, stating that there is no power to review its assessment order.

5. Judgment: The Honorable Mr. Justice Dinesh Kumar Singh, in this judgment, concluded that the writ petition lacks merit and dismissed it. However, the petitioner is given the option to file an appeal before the appellate authority challenging both Exhibit P-1 and Exhibit P-5 orders, and it will be considered expeditiously in accordance with the law.

The implication and impact of this judgment suggest that the petitioner's challenge to the assessment order through a writ petition has been unsuccessful, but they have the recourse of filing an appeal if they wish to contest the decision further. It underscores the importance of understanding the difference between rectification and a review of an assessment order in the context of tax matters.

Full Text:

2023 (10) TMI 1337 - KERALA HIGH COURT