Filing Application for Rectification or Taking Action in the subsequent
proceedings u/s 161 Conducted by Tax Officer
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Q
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How can Rectification of Orders be done?
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A
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Rectification of order issued can be done on
the basis of suo moto or upon receipt of application from taxpayer.
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Q
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What is the time limit within which a
taxpayer can file for rectification?
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A
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Taxpayer must file the rectification application within a period of three
months, from the date of issue of order.
Period of three months shall not apply in such cases where the
rectification is in nature of correction of clerical or arithmetical error.
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Q
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Can I file an application of rectification of Order if appeal is filed
against that order?
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A
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If appeal is filed against assessment order, then order cannot be
rectified.
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Q
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What happens if a suo moto rectification done
by an Adjudication Authority (A/A) adversely affects any person?
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A
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If rectification
adversely affects any person, then Adjudication Authority (A/A) will have to issue notice before
making such rectification.
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Q
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In
the case of suo moto rectification done by A/A on one of the ARNs in my name,
how will I come to know of that and where can I view the issued orders/notice
on the GST portal?
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A
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In the case
of suo moto rectification done by A/A on one of your ARNs, you will receive
an intimation via email and SMS. You can view the issued order/notice from
the following navigation: Services
> User Services > View Additional Notices/Orders > View
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Q
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What is the
procedure of rectification of order?
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A
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Following is the procedure of rectification of
order:
1.Taxpayer files an
application for rectification of order or an A/A initiates a suo moto
rectification.
2.In case of suo
moto rectification, if rectification does not adversely affects any person,
then A/A rectifies the order. Or, in case of suo moto rectification, if
rectification adversely affects any person, then A/A performs the following
steps. Same steps are performed after A/A receives taxpayer's application:
3. A/A issues a notice to the taxpayer
seeking additional clarifications and, if personal hearing is required, also
schedules a date/time and venue. In case of no reply from the taxpayer, A/A
issues a Reminder. Maximum three reminders can be issued.
4. Taxpayer can reply to the issued
notice and also request for a personal hearing in case A/A has not called for
a personal hearing in the issued notice. Additionally, if required, he/she
can also file for application of extension offline. If A/A approves
application of extension, A/A will issue an adjournment with the new
date/time and venue of Personal hearing, if required. Adjournment can be
allowed maximum 3 times.
5. If Personal hearing is not required,
A/A, on the basis of taxpayer's reply, issues an Order. If Personal
hearing is required, A/A conducts the personal hearing and on that basis
issue an Order. If taxpayer does not reply, even after the issue of three
reminders, A/A issues the Order on his own motion.
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Q
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What is the time limit for the completion of
Rectification of Order related proceedings?
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A
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The Rectification Order must be passed by A/A
within 6 months from date of original order except in case of
clerical/arithmetical mistake.
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Q
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What happens on the GST Portal once I file an application for
rectification of order?
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A
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Once you file an
application for rectification of order, following actions take place on the
GST Portal:
·
Acknowledgement screen is displayed,
containing the generated ARN.
·
You will receive an intimation of successful
filing, along with the generated ARN. You will be able to view and track the
ARN from the following navigation: Dashboard > Services
> User Services > My Applications > Case Details >
APPLICATIONS
·
The filed application will appear in the work
item list of A/A and will be available in the ARN's Case Details dashboard.
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Q
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What documents will I receive once Notice is issued?
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A
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You will receive two
documents i.e. system-generated Notice for seeking clarification for rectification of order and annexure uploaded by officer.
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Q
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What happens on the GST Portal once I file a
reply?
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A
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Once you file your
reply, following actions take place on the GST Portal:
·
Notices and Orders page is
displayed with the generated Reference number (RFN).
·
You will receive an intimation of successful
filing of your, along with the generated RFN.
·
The REPLIES tab gets updated with
the record of the filed reply in a table and with the Status updated to "Reply furnished, Pending for rectification
order".
·
The filed application will appear in the work
item list of A/A and will be available in the ARN's Case Details dashboard.
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Q
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What
happens on the GST Portal if rectification order is issued?
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A
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If rectification order is issued, following actions
take place on the GST Portal:
·
Rectification
order will be generated and intimation of issue of order shall be sent via
email and SMS to taxpayer
·
Order will also be
available at the dashboard of taxpayer for view, print and download
·
Electronic
liability register and DCR will be updated accordingly
·
In case of
application received from taxpayer, Status of ARN will be changed to ‘Order
rectified’
·
In case of suo
moto rectification also, Status of ARN will be changed to ‘Order rectified’
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Q
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What happens on the GST Portal if rectification application is
rejected?
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A
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If application for
rectification is rejected, following
actions take place on the GST Portal:
·
‘Rejection of application
for rectification’ shall be issued and intimation of issue of order shall be
sent via email and SMS to taxpayer
·
Order will also be available
at the dashboard of taxpayer for view, print and download
·
Status of ARN shall get
updated to ‘Application rejected’
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Information of GST Act and Rules, GST latest news, GST useful procedure and general matters.
Friday, 14 September 2018
APPLICATION FOR RECTIFICATION OF ORDER
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