TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tax Dispute Resolved: Seigniorage Fees Clarified with Mandatory Three-Month Timeline for Rectification Application Submission</h1> <h3>M/s. Mani Blue Metals & M. Sand, Rep. by its Proprietor, R. Malliga Versus The State Tax Officer, Palacode</h3> HC addressed a tax dispute involving seigniorage fees and outward supply tax. After hearing arguments, the court directed respondents to dispose of a ... Challenge to assessmnet order - non-payment of tax due of seigniorage fees under RCM - short payment of taxes on outward supply - HELD THAT:- The petitioner filed a rectification application dated 27.11.2023 under Section 161 of applicable GST statutes. The petitioner states that such rectification petition was not disposed of within the time limit of six months. The present writ petition has been filed in these facts and circumstances seeking disposal thereof within the time frame fixed by this Court. The petition is disposed of by directing the respondent to consider and dispose of the rectification application dated 27.11.2023 in respect of assessment period 2020-21, within a period of three months from the date of receipt of a copy of this order. 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.
TaxTMI 
TaxTMI 
