9911796707
TMI Blog2025 (4) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... 8th February 2025 passed by the Respondent No. 1-Sales Tax Officer Class II/AVATO, Ward 67. 3. The Petitioner is a registered company with GSTIN 07AADCH8145D1ZM. It had filed its return for the financial years 2019-20 vide requisite forms. On 27th May, 2024, a show cause notice (hereinafter, 'SCN') was issued to the Petitioner for wrongful availment of Input Tax Credit (hereinafter, 'ITC') in respect of certain purchases made by it. 4. The said SCN was decided by the Respondent No. 1 vide order dated 30th August, 2024. The Petitioner had participated in the said proceedings. In terms of the said order, a demand of Rs. 1,18,98,415/- was raised against the Petitioner. 5. The Petitioner then moved an application under Section 161 of the Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be much lesser against the Petitioner. In addition, there are other grounds, which the Petitioner relies upon for seeking rectification. The said rectification has been rejected vide impugned order dated 28th February, 2025 in the following terms. "Order of rejection of application for rectification With reference to the application referred to above regarding rectification of order (details of which is mentioned in table below), the said application has not been found satisfactory for the reasons attached in annexure. Accordingly, the application is rejected." 7. The grievance of the Petitioner is that while deciding the rectification application, the Petitioner ought to have been afforded a hearing in terms of the proviso 3 to Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under this Act or an officer appointed under the State Goods and Services Tax Act or an officer appointed under the Union Territory Goods and Services Tax Act or by the affected person within a period of three months from the date of issue of such decision or order or notice or certificate or any other document, as the case may be: Provided that no such rectification shall be done after a period of six months from the date of issue of such decision or order or notice or certificate or any other document: Provided further that 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: Prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atural justice had been inbuilt by way of the 3rd Proviso to Section 161. If pursuant to a Rectification Application, if a rectification is made and if it adversely affects the assesse, Proviso 3 contemplates an opportunity of hearing to be given. However, when an Rectification Application is made at the instance of assessee and the rectification is being sought to be rejected without considering the reasons for rectification or by giving reasons as to why such rectification could not be entertained. It is also imperative that the assessee to be put on notice. 9. For the aforesaid reasons, I am inclined to hold that the order of rectification passed by the first respondent dated 02.02.2024 is contrary to the provisions of Section 161 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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