CA Umesh Sharma
Quick Summary
Arjuna (Fictional Character): Krishna, the taxpayers are curious about the recent judgement by the Kerala High Court allowing GSTR 3B rectification. Please tell us about the decision. Krishna (Fictional Character): Arjuna, the Kerala High Court on 8th December 2023, permitted the rectification of
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FAQ :
The Kerala High Court ruled on December 8, 2023, that taxpayers can rectify genuine mistakes made in their GSTR-3B returns, specifically in cases like claiming Input Tax Credit.
This ruling is significant because the facility to amend or rectify GSTR-3B returns is not generally available to all taxpayers, often forcing them to pursue legal avenues for corrections.
In the case of Chukkath Krishnan Praveen vs. State of Kerala, the taxpayer mistakenly accounted for Input Tax Credit of IGST instead of CGST and SGST in their GSTR-3B return.
Common mistakes include claiming IGST credit under CGST/SGST heads (or vice versa), misclassifying sales returns as purchases, treating purchase returns as sales, and clerical errors in amounts.
Taxpayers should learn that the High Court's decision offers optimism for those with genuine, unintentional errors in their GSTR-3B. This precedent can be cited by taxpayers seeking rectification.
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