ArticleGST Article

Rectification is warranted due to contradictory orders issued by the GST Department on the same issue

The Hon’ble Kerala High Court in the case of Winter Wood Designers & Contractors India (P.) Ltd held that non-invocation of powers of rectification was not proper, where there was duplication of orders based on two proceedings initiated alleging same irregularities, there was an error apparent on record. Therefore, authority ought to have invoked powers of rectification under Section 161 of the CGST Act, as error was brought to its notice within statutory period.

GST ArticleHigh Court

Proceedings under Section 73 of the CGST Act imposing interest and penalty on availment of Credit under wrong head not maintainable

The Hon’ble Kerala High Court in the case of RejimonPadickapparambil Alex allowed the appeal filed against the judgment passed by the Hon’ble Single Judge Bench thereby holding that the availment of ITC under wrong head is a technical mistake and would not fall within the purview of wrong availment of ITC, therefore, the initiation of proceedings for levy of interest and penalty under Section 73 of the CGST Act cannot be initiated in the said case.