GST Authority must consider the rectification application of the Assessee due to an inadvertent error made in Form GSTR-1


Quick Summary
The Madras High Court has directed the GST authority to consider a taxpayer's application to rectify an error made in Form GSTR-1. The taxpayer had inadvertently filed the return for the wrong assessment period due to an error. The court found a prima facie case for rectification and ordered that no recovery or coercive action could be taken against the taxpayer until the rectification application is resolved.

Court :
Madras High Court

Brief :
The Hon'ble Madras High Court in Veeran Mehhta v. Deputy Commercial Tax Officer and Deputy State Tax Officer [Writ Petition No. 15789 of 2024 dated June 25, 2024], directed the disposal of the Order dated January 22, 2024, which was based on a belatedly filed Form GSTR-1, for the wrong assessment period. The Court further held that no recovery or coercive measures could be initiated until the Assessee's rectification petition was resolved.

Citation :
Writ Petition No. 15789 of 2024 dated June 25, 2024

The Hon'ble Madras High Court in Veeran Mehhta v. Deputy Commercial Tax Officer and Deputy State Tax Officer [Writ Petition No. 15789 of 2024 dated June 25, 2024], directed the disposal of the Order dated January 22, 2024, which was based on a belatedly filed Form GSTR-1, for the wrong assessment period. The Court further held that no recovery or coercive measures could be initiated until the Assessee's rectification petition was resolved.

Facts

Veeran Mehhta("the Petitioner") had correctly filed Form GSTR-3B for January 2018-19 by declaring the correct outward taxable supplies and, in particular, the IGST value thereof as Rs.4,17,577/-. The Petitioner, while filing the belated Form GSTR-1 for January 2019, inadvertently submitted the return for July for the assessment year 2019-2020 assessment period, instead of the return for January of the 2018-2019 assessment period. The Deputy Commercial Tax Officer and Deputy State Tax Officer ("the Respondent") passed an order dated January 22,2024 ("the Impugned Order"), based on Form GSTR-1. Thereafter, the Petitioner filed rectification petition on June 01, 2024. The Petitioner was then threatened with recovery action based on the Impugned Order.

Hence, aggrieved by the Impugned Order, the Petitioner filed the present writ petition.

Held

The Hon'ble Madras High Court in W.P. No. 15789 of 2024 held as under:

  • Noted that, the Petitioner placed on record the Form GSTR-3B for January in the assessment period 2018-2019. The Form GSTR-1, purportedly for July in the assessment period 2019-2020 was also on record. The outward taxable value pertaining to IGST in the two documents tallied. The Petitioner also placed on record the tax liability comparison report from the GST portal. This document also indicated an excess in liability when the Form GSTR-3B and Form GSTR-1 were compared. Such excess was Rs. 4,17,577/-. In these circumstances, a prima facie case was made out for consideration of the rectification petition.
  • Held that, the writ petition was disposed of without any order. Further, the Respondent was restrained from initiating recovery or coercive measures until the rectification petition was disposed of and lastly, directed the Respondent to consider and dispose of the rectification application within three months from the date of the order.

OFFICIAL JUDGMENT COPY HAS BEEN ATTACHED

FAQ :

The main issue was that a taxpayer inadvertently filed Form GSTR-1 for the wrong assessment period, and the GST authority issued an order based on this incorrect filing. The taxpayer then filed a rectification application.

The Madras High Court directed the GST authority to consider and dispose of the taxpayer's rectification application within three months. It also restrained the authority from initiating recovery or coercive measures until the application was resolved.

The court found a prima facie case because the taxpayer provided evidence showing that the outward taxable supplies and IGST in Form GSTR-3B matched the intended period, despite the error in Form GSTR-1.

No, the GST authority is restrained from initiating any recovery or coercive measures until the taxpayer's rectification application has been considered and disposed of by the authority.

 
downloaded 449 times



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

Comments




CCI Pro



Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details