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  • SECTION 37 CENTRAL GOODS AND SERVICES TAX ACT 2017
  • CENTRAL GOODS AND SERVICES TAX ACT 2017
  • sub-section (1) of section 27,
  • -section (1) of section 37
  • sub section (3) of Section 37
  • -section (3) of Section 37 read -section (9) of Section 39
  • sub-section (3) of Section 37 read with sub-sections (9) and (10) of Section 39
  • subsection (3) of Section 37 and sub (9) of Section 39
  • 6 of 16 provisions of section 1
  • sub section (1) of section 37
  • section (5), 7 of 16
  • section 51 or section 52
  • provisions of section 10 or section 51 or section 52,
  • 10 of 16 provisions of sub-section (3) of Section 37 read wi Section 38 and sub-sections (9) and (10) of Section 39
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Citation Codes
Equivalent Citations
citation codes
Case Number
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Judges
Acts
  • SECTION 37 CENTRAL GOODS AND SERVICES TAX ACT 2017
  • CENTRAL GOODS AND SERVICES TAX ACT 2017
  • sub-section (1) of section 27,
  • -section (1) of section 37
  • sub section (3) of Section 37
  • -section (3) of Section 37 read -section (9) of Section 39
  • sub-section (3) of Section 37 read with sub-sections (9) and (10) of Section 39
  • subsection (3) of Section 37 and sub (9) of Section 39
  • 6 of 16 provisions of section 1
  • sub section (1) of section 37
  • section (5), 7 of 16
  • section 51 or section 52
  • provisions of section 10 or section 51 or section 52,
  • 10 of 16 provisions of sub-section (3) of Section 37 read wi Section 38 and sub-sections (9) and (10) of Section 39
Smart Summary

Factual and Procedural Background

The petitioner company, Bar Code India Limited, engaged in enterprise mobility and supply chain solutions, issued invoices for the financial year 2021-2022. During filing of the GSTR-1 return, the petitioner made inadvertent errors by incorrectly mentioning the place of sale as Mumbai instead of Delhi and by recording the GST number of a purchaser in Mumbai rather than the correct purchaser in Delhi. The purchaser notified the petitioner about these errors as it faced difficulties availing input tax credit (ITC) and subsequently refused to clear other invoices. The petitioner sought to rectify the errors after the prescribed time period under Section 37(3) of the Central Goods and Services Tax Act, 2017 had expired. The Revenue rejected the petitioner’s request to amend the GSTR-1 return beyond the statutory deadline. The petitioner filed this writ petition challenging the refusal to allow rectification of errors in the GST returns after the limitation period.

Legal Issues Presented

  1. Whether the petitioner can be permitted to rectify or amend the GST number of the purchaser in the GSTR-1 return after the expiration of the limitation period prescribed under Section 37(3) of the Central Goods and Services Tax Act, 2017.
  2. Whether inadvertent human errors in GST returns can be rectified beyond the statutory deadline when such rectification affects the purchaser’s ability to claim input tax credit.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner submitted that the errors were inadvertent and apparent on the face of the record without any deliberate intention.
  • The petitioner relied on various High Court judgments to support the proposition that bonafide and inadvertent errors should be allowed to be rectified even after the limitation period if no loss of revenue is caused.
  • The petitioner contended that the refusal to allow correction has seriously affected their business and that the purchaser was unable to avail ITC due to the errors.
  • The petitioner argued that the law should be interpreted purposively to permit rectification of genuine errors to maintain accuracy in GST returns and avoid cascading adverse effects.

Respondents’ Arguments

  • The respondents contended that the limitation period prescribed under Section 37(3) of the Act for rectification of errors is mandatory and cannot be extended for a particular company.
  • They argued that allowing rectification beyond the prescribed timeline would disrupt the GST return filing process and cause cascading effects on other stakeholders.
  • The respondents emphasized that input tax credit can only be claimed within the statutory timeline under Section 16(4) of the Act, and rectification after this period would not automatically entitle the purchaser to ITC.
  • It was submitted that the GST common portal allows rectification only within the prescribed time, and the petitioner had ample opportunity to detect and correct the errors earlier.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
M/s Orient Traders vs The Deputy Commissioner of Commercial Taxes and another Permissibility of rectification of GST returns for bonafide errors within the prescribed period. Relied upon by petitioner to argue for rectification despite inadvertent errors.
Mahalaxmi Infra Contract Limited vs GST Council and others (Jharkhand High Court WP (T) No. 2478 of 2021) Interpretation of limitation on rectification under GST laws. Supported petitioner’s claim for amendment of returns.
Electronics India Private Limited vs The Assistant Commissioner of State Tax and another (Madras High Court) Clarification on rectification of errors in GST returns. Invoked by petitioner to justify amendments post limitation period.
Waterhouse Coopers Private Limited vs CIT, Kolkata General principles relating to rectification of errors in statutory returns. Used by petitioner to support the case for correction of GST returns.
Union of India (UOI) vs Bharti Airtel Limited (Supreme Court) Interpretation of Sections 16(4), 37(1), 37(3), 39 of the CGST Act regarding timelines for rectification and claiming ITC. Applied by the court to hold that rectification beyond statutory timelines is not permissible and that ITC cannot be claimed after expiry of limitation.
Jyoti Construction vs The Chairperson, Central Board of Excise & Customs and others (Orissa High Court WP No. 2911 of 2022) Permissibility of rectification if no prejudice is caused to the department. Considered by the court but distinguished on facts due to statutory timelines.
Sun Dye Chem vs Assistant Commissioner Protection of legitimate rights of customers and taxpayers. Referred to for the principle that customers should not be prejudiced by errors but within the statutory framework.
Star Engineers (I) Private Limited Purposive interpretation of Sections 37, 38, and 39 of the CGST Act to allow bonafide rectification of errors within time. Discussed by the court but held not to override the statutory limitation period.

Court's Reasoning and Analysis

The court analyzed the provisions of Sections 16(4), 37(1), 37(3), and 39 of the Central Goods and Services Tax Act, 2017, which collectively establish a strict timeline for furnishing returns and rectifying errors therein. Section 37(3) clearly mandates that rectification of errors or omissions in details furnished under GST returns must be made within the prescribed period, specifically not later than the thirtieth day of November following the end of the relevant financial year or furnishing of the annual return, whichever is earlier.

The court acknowledged the petitioner’s contention that the error was inadvertent and bonafide but emphasized that the law does not permit rectification beyond the statutory deadline. The court noted that allowing such rectification after the deadline would disrupt the cascading effect of GST returns, affecting other stakeholders and the integrity of the tax administration system.

Further, the court observed that even if rectification were allowed beyond the deadline, the purchaser would not automatically be entitled to claim input tax credit as Section 16(4) restricts such claims beyond the stipulated time. The petitioner had ample opportunity to detect and correct the error within the allowed period but failed to do so.

The court also referred to the Supreme Court’s decision in Union of India vs Bharti Airtel Limited, which upheld the statutory timelines and rejected the notion of extending them for inadvertent errors. The court held that businesses are expected to be conversant with the law and comply within the prescribed timeframes.

While the petitioner relied on judgments allowing rectification of errors, the court distinguished those on the basis that they do not override the clear statutory limitation. The court found the Revenue’s submissions consistent with the legislative intent to ensure finality and certainty in GST returns.

Holding and Implications

The writ petition is dismissed.

The court held that the petitioner cannot be permitted to rectify or amend the GST number or other details in the GSTR-1 return after the expiry of the statutory limitation period prescribed under Section 37(3) of the Central Goods and Services Tax Act, 2017. Consequently, the petitioner cannot claim any benefit of input tax credit arising from such belated rectification.

The direct effect of this decision is that the petitioner must bear the loss caused by the inadvertent error as the law does not allow extension of the rectification period. No new precedent was created; rather, the ruling affirms the strict adherence to statutory timelines in GST compliance to maintain the integrity and finality of the tax administration process.

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    BAR CODE INDIA LTD v. UNION OF INDIA AND OTHERS

    CWP No. 25343 of 2023

    IN THE HIGH COURT OF PUNJAB AND HARYANA

    Bar Code India Limited Union of India and others

    CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH

    Present:

    SANJEEV PRAKASH SHARMA, J.

    petitioner can be permitted to rectify/ amend the GST number of the purchaser in GSTR

    (on account of human error) for the quarter ending 3 limitation period is expired in terms of Section 37(3) of the Central Goods and Services Tax Act, 2017 (for short, 'the Act').

    2.

    company is a limited company and was r 06AAACB2892A1Z5. It is dealing with solutions in Enterprise Mobility, Bar Coding, RFID and EWLAN for supply chain and asset management in the retail, manufacturing and logistics market verticals.

    3.

    Transportation & Supply Chain Services (India) Private Limited, the

    AT CHANDIGARH

    CWP No. 25343 of 2023 (O&M)

    Date of Pronouncement :

    Versus

    Mr. Simarpal Sawhney, Advocate and Mr. Rahul Makkar, Advocate, for the Mr. Ajay Kalra, Senior Standing Counsel for the respondents. ***

    The short question involved in the present case is whether the -1 return with respect to the invoices dated 13.05.2021 Learned counsel for the petitioner submitted that the petitioner Pursuant to the order placed

    -1- Reserved on : 06.11.2024

    14.11.2024

    …Petitioner …Respondents petitioner. 0.06.2021 after the egistered with GSTIN No. by purchaser FedEx Express

    1 of 16

    petitioner company issued invoices to the purchaser for financial year 2021 2022 where erroneously at the time of filing of GSTR company made certain inadvertent errors by mentioning the point of sale as Mumbai instead of Delhi and also mentioned the GST number of the receiver/ purchaser of Mumbai instead of GST number of the purchaser in Delhi.

    4.

    errors in the GSTR after the concerned month of April 2023 The purchaser

    Immediately,

    respondent no.3 in their return relating to the three invoices Revenue, however, rejected the prayer provision to make amendments

    Rules had expired. There was no provision also to make amendments by a manual request.

    company ought not be made to suffer on account of inadvertent human error which is apparent on the face of the record having occurred without there being any deliberation on part of the petitio

    petitioner company is seriously affected on account of the said refusal to make the correction.

    5.

    Karnataka High Court in WP No. 2911 of 2022 Learned counsel for the petitioner sub -1 return filed the petitioner purchaser notified the error to them somewhere in the as they found difficulty to avail GST input tax credit further refused to clear the other invoices of the petitioner thereafter the petitioner sent letter

    praying for allowing them to make necessary amendments on account of there being no

    after the time period laid down under the

    Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner relie

    -2- -

    -1 return, the petitioner mits that the aforesaid came to their knowledge

    .

    .

    dated 18.08.2023 to issued on 13.05.2021. The ner. The business of the s on judgments of

    - M/s Orient Traders vs The

    2 of 16

    Deputy Commissioner of Commercial Taxes and another,

    16.12.2022, Jharkhand High Court in WP (T) No. 2478 of 2021

    Mahalaxmi Infra Contract Limited vs GST Council and others,

    18.10.2022; Madras High Court in

    Electronics India Private Limited vs The Assistant Commissioner of State Tax and another

    Waterhouse Coopers Private Limited vs CIT, Kolkata

    316; and Bombay High Court in

    Private Limited vs Union of India and others

    6.

    learned counsel p omission in terms of Section 37(3) of the Act for the A. Y. 2021 30.11.2022. It is submitted that the petitioner ought to have been cautioned enough in checking it

    could have e

    rectification of such errors till the filing of annual return.

    7.

    ample time to rectify the errors. The time limit as laid down in Sect of the Act cannot be allowed to be altered for a particular company and they will have to bear the loss as no general rule can be laid down and there cannot be an open ended time frame for corrections/ rectifications. submits that the time fra

    for furnishing of audit report

    cascading effect on the other processes and it is important to conclude the entire process in the timeline.

    WP No. 4458 of 2019

    decided on 15.06.2022; Kolkata High Court in

    WP No. 15368 of 2023

    The reply has been filed on behalf of the respondent

    er contra submits that last date

    s monthly returns and prior to filing of annual return, it asily rectified in GSTR-1 as the common portal allows Learned counsel for the respondents

    me has been aligned with the further time provided

    for the respective financial years. There is a

    -3- decided on - M/s

    decided on - M/s Interplex Price

    -1 (2012) 11 SCC

    Star Engineers (I)

    decided on 14.12.2023. s and

    for rectification of error or -2022 was

    submits that the Act allows ion 37(3)

    He

    3 of 16

    8.

    merely by rectifying Form GSTR allow the concerned recipient tax payer to claim ITC now as the same has also become time barred in terms of Section 16 (4) of the Act. pointed out that after submitting GSTR

    generates for the recipient supplier. The same becomes a basis for claiming input tax credit under the GSTR

    the date on furnish

    i.e. by the month of September following the end of financial year for which the invoice or debit note pertains or the date when the relevant annual return is furnished, whichever is earlier. The co

    GSTR-1, therefore, is permissible in terms of the aforesaid timeline.

    9.

    issue as raised in the present petition stands finally adjudicated by Hon'ble the Supreme Court in

    others (2022) 4 SCC 328.

    10.

    11.

    as under:-

    It is submitted by learned counsel for the respondents that -1 at this stage would not automatically

    -1 by the supplier, GSTR

    -3B. Thus, input tax credit can be availed till ing of the return as provided under Section 39 of the Act Learned counsel for the respondents further submits that

    Union of India (UOI) vs Bharti Airtel Limited and

    We have considered the submissions. Section 16 (4); Sections 37 (1); 37 (3)

    "16. Eligibility and conditions for taking input tax credit.

    xxx

    (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the thirtieth day of November] following the end of financial year to which such invoice or [xxx] debit note pertains or furnishing of the relevant annual return, whichever is earlier:

    -4- It is further -2A auto

    rrection in the corresponding the

    and 39 of the Act provide xxx xxx

    4 of 16

    for the month of March, 2019 in respect of any invoice or

    Section 37 -

    prescribed, the details of outward supplies of goods or services furnishing such details for such class of taxable persons as may

    Section 37(3) in The Central Goods and Services Tax Act, 2017

    [PROVIDED that the registered person shall be entitled to take input tax credit after the due date of furnishing of the return under section 39 for the month of September, the due date of furnishing of the return under the said section invoice relating to such debit note for supply of goods or services or both made during the financial year 2017 details of which have been uploaded by the supplier under sub section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of March, 2019.

    Furnishing details of outward supplies

    "(1) Every registered person, other than an Input Service Distributor, a non- resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, [subject to such conditions and restrictions and] in such form and manner as may be or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details [shall, subject to such conditions and restrictions, within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies]: [xxx] [PROVIDED that] the Commissioner may, for reasons to be recorded in writing, by notification, extend the ti be specified therein:

    [PROVIDED FURTHER that] any extension of time limit notified by the Commissioner of State tax or Commissioner of Union territory tax shall be deemed to be

    Commissioner."

    -5- 2018 till -18, the -

    me limit for notified by the

    5 of 16

    for such tax period:

    financial year to which such details pertain, or furnishing of the furnishing the details under sub

    Section 39

    person or a person paying tax under the provisions of section prescribed:

    furnish a return for every quarter or part thereof, subject to

    "(3) Any registered person, who has furnished the details under sub-section (1) for any tax period [xxx], shall, upon discovery of any error or omission therein,

    in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished PROVIDED that no rectification of error or omission in respect of the details furnished under sub

    after the thirtieth day of November] following the end of the relevant annual return, whichever is earlier:

    [PROVIDED FURTHER that the rectification of error or omission in respect of the details furnished under sub

    (1) shall be allowed after furnishing of the return under section 39 for the month of September, 2018 till th

    March, 2019 or for the quarter January, 2019 to March, 2019.]"

    of The Central Goods and Services Tax Act, 2017

    39. Furnishing of returns.- (1) Every registered person, than an Input Service Distributor or a non 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars, in such form and manner, and within such time, as may be Provided that the Government may, on the recommendations of the Council, notify certain class of registered persons who shall such conditions and restrictions as may be specified therein

    -6- rectify such error or omission -section (1) shall be allowed -section

    e due date for

    -section (1) for the month of other

    -resident taxable

    6 of 16

    provisions of section 1 form and manner, and wi form and manner as may be prescribed, a return, prescribed, a return, electroni

    for every calendar month or part thereof, furnish, in such form persons as may be specified therein:

    (2) A registered person paying tax under the 0, shall, for each financial year or part thereof, furnish a return, electronically, of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, tax paid and such other particulars in such thin such time, as may be prescribed.

    (3) Every registered person required to deduct tax at source under the provisions of section 51 shall furnish, in such electronically, for the month in which such deduct been made within ten days after the end of such month.

    (4) Every taxable person registered as an Input Service Distributor shall, for every thereof, furnish, in such form and manner as may be cally, within thirteen days after

    the end of such month.

    (5) Every registered non and manner as may be prescribed, electronically, within thirteen) days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier.

    (6) The Commissioner may, for reasons to be recorded in writing, by notification, extend t the returns under this section for such class of registered Provided that any extension of time limit notified by the Commissioner of State tax or Union territory tax shall be deemed to be notified by the Commissioner.

    (7) Every registered person who is required to furnish a return under sub-section (1), other than the person referred to in the proviso thereto, or sub-section (3) or sub

    -7- ions have calendar month or part -resident taxable person shall, he time limit for furnishing - section (5),

    7 of 16

    prescribed, (a)

    (b)

    period.

    shall pay to the Government the tax due a later than the last date on which he is required to furnish such return:

    Provided that every registered person furnishing return under the proviso to section (1) shall pay to the Government, in such form and manner, and within such

    -

    an amount equal to the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month, or

    in lieu of the amount re

    amount determined in such

    conditions and restrictions as may be prescribed.) Provided further that every registered person furnishing return under sub-section (2) shall pay to the Government the tax due taking into account turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, and such other particulars during a quarter, in such form and manner, and within such time, as may be prescribed.]

    (8) Every registered person who is required to furnish a n a return under sub-section (1) or sub

    a return for every tax period whether or not any supplies of goods or services or both have been made during such tax

    (9) Where any registered person after fu under sub-section (1) or sub section (2) or sub sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars "fin such

    -8- s per such return not time, as may be ferred to in clause (a), an manner and subject to such -section (2) shall furnish rnishing a return

    -section (3) or

    8 of 16

    form and manner as may be prescribed), subject to payment of financial year to which such details pertain), or the actual date periods "for the details of outward supplies under sub furnish the return, even if he has not furnished th for the said tax period.

    years from the due date of furnishing the said return: Provided person or a class of registered persons to furnish the return for period of three years from the due date of fu

    12.

    submitted by learned counsel for the Revenue is complete in itself and each step precedes the earlier step. If one of the steps is erroneous and the same is not corrected or rectified within the timeline provided under the provision interest under this Act Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due the thirtieth day of November] following [the end of the of furnishing of relevant annual

    (10) A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax

    (1) of section 37 for the said tax period has not been furnished by him Provided that the Go

    recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a registered person or a class of registered persons to one or more previous tax periods or has not furnished the details of outward supplies under sub

    (11) A registered person shall not be allowed to furnish a return for a tax period after the ex

    that the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow a regi a he return for a tax period, even after the expiry of the said return.

    From the aforesaid provisions, it is appar

    -9- return, whichever is earlier. -section

    vernment may, on the e returns for

    -section (1) of section 37 piry of a period of three stered

    rnishing the said ent that the process as s, a

    9 of 16

    cascading effect would occur to the subsequent process provided under the subsequent provisions. We are satisfied from the aforesaid provisions that if a person submits an erroneous GSTR

    subsequent GSTR

    information and the consequences thereof shall follow.

    13.

    37(1) and 37(3) of the Act, is linked directly and proportionately to Section 16 (4) of the Act. In

    availed till the due date of furnishing the return under Section 39 of the Act for the month of September following the end of the financial year to which the invoice / debit note pertains or furni

    is earlier. The correction in the corresponding GSTR

    terms of the timeline as specified in Section 16 (4) of the Act.

    14.

    petitioner could not detect the error of mentioning the point of sale as Mumbai instead of Delhi and the mentioning of the GST number of purchaser of Mumbai instead of GST number of purchaser of Delhi which has resultant,

    could not avail the ITC. Last date of submission for rectification/ omission, admittedly falls on 30.11.2022 for the concerned petitioner.

    15.

    Engineers (I) Private Limited

    petitioner, particularly in paras 12 and 13, are as under:

    -1, and does not correct it, the

    -2A and GSTR-3B would also reflect the erroneous We find that the time limitation, as provided under Section terms of the aforesaid provisions, input tax credit can be shing of the annual return, whichever

    On careful examination of the facts, it clearly emerges that the as per his submissions, loss to the concerne

    The observations made by Bombay High Court in (supra), relied upon by learned counsel for the

    "12. Having considered the statutory ambit of Section 37, 38 and 39, we are of the clear opinion that the

    -10- -1 is permissible in d purchaser, who

    Star

    -

    10 of 16

    provisions of sub-section (3) of Section 37 read wi Section 38 and sub-sections (9) and (10) of Section 39 need to be purposively interpreted. We cannot read sub section (3) of Section 37 to mean that the assessee would be prevented from placing the correct position and having accurate particulars in reg

    the GST returns being filed by the assessee and that there would not be any scope for any bonafide, and inadvertent rectification / correction. This would presupposes that any inadvertent error which had occurred in filing of the returns, once is permitted to be rectified, any technicality not making a window for such rectification, ought not to defeat the provisions of sub

    with the provisions of sub

    de hors the provisos.

    13. In our opinion, the proviso ought not to defeat the intention of the legislature as borne out on a bare reading of subsection (3) of Section 37 and sub

    (9) of Section 39 in the category of cases when there is a bonafide and inadvertent error

    particulars in filing of returns, accompanied with the fact that there is no loss of revenue whatsoever in permitting the correction of such mistake. Any contrary interpretation of sub-section (3) of Section 37 read with sub-sections (9) and (10) of Section 39 would lead to absurdity and / or bring a regime that GST returns being maintained by the department having incorrect particulars become sacrosanct, which is not what is acceptable to the GST regime, wherein every aspect of the returns has a cascading effect. This is necessarily required to be borne in mind when considering the cases of inadvertent human errors creeping into the filing of GST returns."

    -11- th

    -

    ard to all the details in -section (3) of Section 37 read -section (9) of Section 39 read -section

    in furnishing any

    11 of 16

    16.

    Judge of Madras High Court in

    vs Assistant Commissioner (ST) and others

    MAD.GST held that from availing credit which they relied on Division Bench judgment of Orissa High Court passed in

    Jyoti Construction vs The Chairperson, Central Board of Excise & Customs and others

    if no prejudice has been caused to the department, such error ought to be rectified.

    17.

    considering the question of similar nature. In the said case, the Bharti Airtel has erroneously deposited cash and submitted that if it was allowed to rectify Form GSTR-

    in cash towards the OTL would get credited to its electronic cash ledger account. After considering the provisions of Section 39 of the Act, which relates to the final return being filed under Form GSTR set aside the order pas

    failure to operationalize the statutory forms enabling auto The Bombay High Court also noticed that the Single

    Sun Dye Chem vs Assistant Commissioner

    the customers of the assessee should not be prejudiced are otherwise legitimately entitled to. It also MANU/OR/0522/2023 wherei

    In Bharti Airtel's case (supra), the Supreme Court was 3B so as to avail ITC for the relevant period, amount p sed by the Delhi High Court observing as under:

    "32. Reverting to the analysis of the issues and contentions done by the High Court, it is primarily focused on the grievance of the writ petitioner that due to non

    GSTR-2A at the relevant time (July to September 2017), it had been denied of access to the information about its electronic credit ledger account and consequently, availing of ITC for the relevant period and instead to discharge the OTL by paying cash to its vendors. Thus, it has resulted in payment of double tax and unfair advantage to the tax authorities because of their

    -12-

    2020 TIOL 1858 HC

    Shiva

    n the Court observed that aid by it

    -3B, it proceeded to -

    -operability of Form

    12 of 16

    populating statement of inward supplies of the recipient and petitioner was required to be fully or wholly dependent on the for discharging its obligation to pay OTL for the relevant period between July and September 2017. The answer is person, was under a legal obligation to maintain book Thereafter, Hon'ble the Supreme Court dealt with Section 16 of the Act and held as under:

    outward supplies including facil

    the discrepancies electronically. The High Court, however, did not enquire into the cardinal question as to whether the writ auto generated information in the ele

    emphatic No. In that, the writ petitioner being a registered accounts and records as per the provisions of the 2017 Act and Chapter VII of the 2017 Rules regarding the transactions in respect of which the OTL would occur. Even in the past (till recently upto the 2017 Act came into force), during the pre regime, the writ petitioner (being registered person/assessee) had been maintaining such books of accounts and records and submitting returns on its own. No such auto

    electronic data was in vogue. It is the same pattern which had to be followed by the registered person in the post

    -

    "48. A priori, despite such an express mechanism provided by Section 39(9)

    open to the High Court to proceed on the assumption that the only remedy that can enable the assessee to enjoy the benefit of the seamless utilization of the input tax credit is by way of rectification of its return

    GSTR3-B for the relevant period

    occurred. Any unilateral change in such return as per the present dispensation, would have cascading effect on the recipients and suppliers associated with the concerned transactions. There would be complete uncertainty and no finality could ever be attached to the self

    -13- ity of matching and correcting ctronic common platform an

    s of

    -GST

    -populated

    -GST regime.

    read with Rule 61, it was not submitted in Form

    in which the error had -assessment

    13 of 16

    18.

    mentioning the invoice amount, place of sale and the GSTR Number, the system auto generate GSTR

    basis for claiming input tax credit through GSTR

    19.

    be entitled to take input tax credit after the return under Section 39 of the Ac end of financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier. Thus, ITC can return filed electronically. We agree with the submission of the appellant that any indulgence shown contrary to the statutory mandate would not only be an illegality but in reality, would simply lead to c

    collapse of tax administration of Union, States and Union Territories. Resultantly, assessee cannot be permitted to unilaterally carry out rectification of his returns

    submitted electronically in Form GSTR

    inevitably would affect the obligations and liabilities of other stakeholders, because of the cascading effect in their electronic records.

    49. As noted earlier, the matching and correction process happens on its own as per the mechanism specified in Sections 37 and 38,

    3 is generated for the purposes of submission of returns; and once it is submitted, any changes thereto m cascading effect. Therefore, the law permits rectification of errors and omissions only at the initial stages of Forms GSTR-1 and GSTR

    manner. It is a different dispensation provided than the one in pre-GST period, which

    of auto-populated records and entries."

    It is noticed that as soon as the supplier files GSTR -2A of the recipient of the

    As per Section 16 (4) of the Act, a registered person shall not t for the month of September following the

    -14- haotic situation and -3B, which

    after which Form GSTR- ay have

    -3, but in the specified did not have the provision -1

    supplier, which is the -3B.

    due date of furnishing of the

    14 of 16

    be availed till the due date of furnishing of the return. If ther in the corresponding GSTR

    in terms of the timeline specified in Section 64 of the Act, therefore, the petitioner cannot be permitted to rectify the return beyond the statutory time limit prescribed under the GST Act. Even if the petitioner is allowed to rectify the return now, there will not be an automatic benefit of income tax credit, which the purchaser can claim. Had the petitioner detected its error prior to filing of annual return, it c

    GSTR-1 for that m

    error till the filing of the annual return.

    20.

    Supreme Court in of committing error while submitting final return hold that merely because of an error being committed by a particular company, which causes loss to the purchaser company, the provisio Act need not be interpreted to suit them. The law is settled that a person who is engaged in business has to be well versed with the provisions of law including the time frame provided under the said provisions. Both the companies, as asserted by

    long and if they have committed an error, the law cannot be changed for giving them any such benefit.

    21.

    Court in Bharti Airtel

    view taken by Bombay High Court in case (supra) and the other judgments cited by learned counsel for the petitioner.

    -1 within the timeline, ITC would be permissible ould have simply rectified the same in the

    onth as the common portal allows rectification of such Thus, we find the ratio of the judgment passed by Hon'ble the

    Bharti Airtel's case (supra) would the respondents, are engaged in business since Keeping in view the law as settled by Hon'ble the Supreme 's case (supra), we do not find any reason to follow the

    Star Engineers (I) Private Limited -15-

    e is a correction

    also apply at the stage

    under GSTR-1. We further ns of the

    's

    15 of 16

    22.

    of the return. The writ petition is found to be without any force and is accordingly dismissed.

    23.

    24.

    14.11.2024

    vs Whether speaking/reasoned Whether reportable We accordingly reject the claim of the p All pending applications stand disposed of. No costs.

    (SANJEEV PRAKASH SHARMA)

    Yes/No Yes/No

    -16- etitioner for correction

    JUDGE

    (SANJAY VASHISTH)

    JUDGE

    16 of 16

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    BAR CODE INDIA LTD v. UNION OF INDIA AND OTHERS
    (Nov 14, 2024)