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<h1>Tax Dispute Resolved: Seigniorage Fees Clarified with Mandatory Three-Month Timeline for Rectification Application Submission</h1> HC addressed a tax dispute involving seigniorage fees and outward supply tax. After hearing arguments, the court directed respondents to dispose of a ... Rectification under Section 161 - disposal of rectification application within reasonable time - writ directing adjudicatory actionRectification under Section 161 - disposal of rectification application within reasonable time - writ directing adjudicatory action - Respondent directed to consider and dispose of the rectification application dated 27.11.2023. - HELD THAT: - The petitioner filed a rectification application dated 27.11.2023 under Section 161 challenging an assessment order dated 30.08.2023. The rectification application was not disposed of within the statutory six-month period. On acceptance of notice the respondent, through counsel, undertook to consider and dispose of the rectification petition if a reasonable time limit was fixed. In light of that undertaking and the petitioner's grievance about delay, the Court exercised its supervisory jurisdiction to fix a time frame for disposal. The respondent is directed to consider and dispose of the rectification application in accordance with law within three months from receipt of a copy of the order. [Paras 4]Rectification application dated 27.11.2023 shall be considered and disposed of by the respondent within three months from receipt of a copy of this order.Final Conclusion: Writ petition disposed by directing the respondent to consider and finally dispose of the rectification application dated 27.11.2023 relating to assessment period 2020-21 within three months; no costs. Issues:1. Alleged non-payment of tax due of seigniorage fees under RCM2. Alleged short payment of taxes on outward supply3. Delay in disposal of rectification application under Section 161 of GST statutesAnalysis:The High Court judgment pertains to an assessment order issued regarding the alleged non-payment of tax due of seigniorage fees under RCM and alleged short payment of taxes on outward supply. The petitioner filed a rectification application under Section 161 of GST statutes, claiming that the application was not disposed of within the stipulated six-month period. The writ petition was filed seeking the disposal of the rectification application within a specific timeframe.During the proceedings, the Government Advocate representing the respondent accepted notice and stated that if a reasonable time limit is fixed, the rectification petition would be considered and disposed of in accordance with the law. Consequently, the High Court disposed of the petition by directing the respondent to consider and dispose of the rectification application within three months from the date of receipt of the court order, specifically concerning the assessment period of 2020-21. The judgment did not impose any costs on either party.
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