MoF notified regarding the special procedure to be followed by the class of registered persons against whom any order has been issued for wrong availment of input tax credit

Oct 11, 2024 | by TeamLease RegTech Legal Research Team

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Finance & Taxation ComplianceThe Ministry of Finance on October 08, 2024, issued the notification regarding the special procedure for rectification of order, to be followed by the class of registered persons against whom any order has been issued confirming demand for wrong availment of input tax credit, but where such input tax credit is now available, and where appeal against the said order has not been filed.

The following has been stated namely: -

• An application for rectification of an order should be filed electronically on the common portal within a period of six months from October 08, 2024.

• The information in the proforma shall be uploaded along with the said application, [Attached as Annexure A].

• The authority shall take a decision on the said application and issue the rectified order, as far as possible, within a period of three months from the date of the said application

• Where any rectification is required to be made in the order and the said authority has issued a rectified order thereof, then the said authority shall upload a summary of the rectified order electronically: -

o In FORM GST DRC-08 – cases where rectification of an order issued under section 73 or section 74 of the said Act is made

o In FORM GST APL-04 – cases where rectification of an order issued under section 107 or section 108 of the said Act is made.

• The rectification is required to be made only in respect of demand of such input tax credit which has been alleged to be wrongly availed.

[Notification No. 22/2024– CENTRAL TAX]


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