2025 (10) TMI 106 - HC - GST

Assistant Commissioner to decide maintainability and merits of s.161 rectification against GST demand on royalty extraction 2018-19 to 2022-23

M/s. Aruni Stone Crusher Versus Superintendent Central GST and Central Excise, Jajpur Division, Jajpur Road and another.

HC directed the Assistant Commissioner, GST & Central Excise, Jajpur Division to determine whether the petitioner's rectification application under s.161 ... Maintainability of application for rectification of Demand-cum-Show Cause Notice u/s 161 of the GST Act - GST on royalty relating to permissible limit and extraction of mineral beyond the permissible quantity pertaining to tax periods from 2018-19 to 2022-23 - HELD THAT:- It is apparent from record vide Annexure-3 that Office of the Assistant Commissioner, CGST and Central Excise, Jajpur Division, Jajpur Road received the application for rectification of Demand-cum-Show Cause Notice dated 26.06.2025 and the intimations for personal hearing do not reveal that the authority concerned would consider the said application along with Demand-cum-Show Cause Notice. In such view of the matter, it is considered prudent to direct the Assistant Commissioner, GST & Central Excise, Jajpur Division to consider whether application for rectification of Demand-cum-Show Cause Notice, as stated to have been filed by the petitioner, is maintainable in terms of Section 161 of the GST Act and in the event, such a petition is found to be entertained in terms of language employed in Section 161, the grievance of the petitioner as mentioned in the said application would be considered on its own merits. Petition disposed off. ISSUES PRESENTED AND CONSIDERED 1. Whether issuance of intimations for personal hearing in relation to a Demand-cum-Show Cause Notice, where an application for rectification under Section 161 of the GST Act has been filed, is impermissible or contrary to the rights of the applicant unless the rectification application is first considered for maintainability. 2. Whether the adjudicating authority is obliged to determine the maintainability of an application under Section 161 and, if maintainable, to consider its merits before proceeding further with the Demand-cum-Show Cause Notice. 3. Whether the Court should direct the adjudicating authority to decide the rectification application within a specified time and whether further proceedings on the Demand-cum-Show Cause Notice may be taken after such consideration. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Lawfulness of issuing hearing intimations while a Section 161 rectification application is pending Legal framework: Section 161 of the GST Act permits rectification of mistakes apparent from record in any order or decision. Administrative authorities exercise procedural and adjudicatory functions subject to the statutory scheme and principles of fair procedure. Precedent Treatment: The judgment does not rely upon or cite any precedent; no prior decisions were followed, distinguished, or overruled in the Court's reasoning. Interpretation and reasoning: The Court observed that the intimations for personal hearing do not indicate that the authority intended to consider the pending rectification application. Where an application for rectification under Section 161 is on record, issuing hearing notices without clarity on whether rectification will be considered can potentially render the process incomplete or premature because the relief sought by rectification may alter the scope or quantum of the demand. Ratio vs. Obiter: Ratio - administrative action (issuing of hearing intimations) which proceeds without regard to an extant rectification application under Section 161 may be procedurally inappropriate if it sidelines the rectification application's prospective effect on demand. Conclusions: The Court held that issuance of hearing intimations in such circumstances calls for consideration of the rectification application's maintainability before further steps are taken; it was not condemned as per se unlawful, but deemed imprudent absent clear indication that the rectification application will be considered. Issue 2 - Obligation to determine maintainability and consider merits of a Section 161 application before proceeding Legal framework: Section 161 addresses rectification of mistakes apparent from the record; administrative authorities are required to apply the statutory language to determine whether an application falls within the scope of Section 161 and, if so, to adjudicate it on merits. Precedent Treatment: No precedential analysis applied in the judgment. Interpretation and reasoning: The Court directed that the adjudicating authority must first consider whether the filed application is maintainable under the language of Section 161. If maintainable, the authority is to consider the grievances raised on their own merits. The Court emphasized that such consideration may materially affect the demand (including possible reduction or extinction of the claimed liability) and therefore is a necessary step in the administrative process before prosecuting further action on the Demand-cum-Show Cause Notice. Ratio vs. Obiter: Ratio - where a rectification application under Section 161 is presented, the authority is required to examine maintainability and, if entertained, consider its merits before proceeding further in respect of the demand subject to that application. Conclusions: The Court concluded that the authority must determine maintainability under Section 161 and, if found maintainable, consider the application's merits; this is an essential part of fair and orderly adjudication of the Demand-cum-Show Cause Notice. Issue 3 - Procedural relief and temporal sequencing of further proceedings Legal framework: Judicial supervisory powers permit courts to issue directions to ensure statutory rights are protected and to secure orderly exercise of administrative functions; equitable directions may include timelines for disposal of applications to avoid prejudice. Precedent Treatment: No precedential guidance cited or applied. Interpretation and reasoning: The Court considered the practical consequence that if the rectification application were entertained and upheld in whole or part, the demand might be materially reduced or eliminated. To prevent prejudice and to ensure the rectification petition receives due consideration, the Court directed the authority to decide the maintainability and merits within a specified short period (two weeks from receipt of certified/down-loaded copy of the order). The Court made clear that, after such consideration, the authority may proceed further in connection with the Demand-cum-Show Cause Notice if occasion arises. Ratio vs. Obiter: Ratio - where a rectification application under Section 161 is on file, the Court may direct the authority to decide it within a defined timeframe prior to or as part of continuing the adjudicatory process, and subsequent proceedings may follow depending on the outcome. Conclusions: The Court granted relief in the form of a direction that the rectification application be considered for maintainability and on merits within two weeks; further proceedings on the Demand-cum-Show Cause Notice are permissible after such consideration. The Court expressly refrained from expressing any opinion on the substantive merits of the demand. Ancillary and procedural observations The record did not disclose that the petitioner had responded to the initial notice; the adjudicating authority's issuance of hearing intimations lacked explicit reference to considering the rectification application. The Court disposed of the writ petition by directing administrative action without adjudicating the substantive tax liability, and pending interlocutory applications were disposed of accordingly.