Enabling filing of Application for Rectification as per Notification No. 22/2024-CT, dated 08/10/24, 2024
February 06, 2025
The Goods and Services Network (GSTN) has issued an advisory in continuation to Notification No. 22/2024 – CT dated 08.10.2024 issued by central government on recommendation of 54th GST Council Meeting.
The Notification addresses establishment of a special procedure for rectification of orders concerning the wrong availment of Input Tax Credit (ITC) for the registered taxpayers who have received orders under Section 73, 74, 107, or 108 of the Central Goods and Services Tax Act, 2017 (CGST Act), confirming demand for wrong ITC availment due to the contravention of Section 16(4) of the Act. However, the notification clarifies that where ITC is now available under Section 16(5) or 16(6) and an appeal has not been filed, taxpayers can seek rectification of the order. Here’s a breakdown of the key elements of the notification.
Further Section 16(5) reads as:
“Notwithstanding anything contained in sub-section (4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed upto the thirtieth day of November, 2021.”
And Section 16(6) reads as:
“Where registration of a registered person is cancelled under section 29 and subsequently the cancellation of registration is revoked by any order, either under section 30 or pursuant to any order made by the Appellate Authority or the Appellate Tribunal or court and where availment of input tax credit in respect of an invoice or debit note was not restricted under sub-section (4) on the date of order of cancellation of registration, the said person shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39,—
- filed up to thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or
- for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within thirty days from the date of order of revocation of cancellation of registration,
[whichever is later.]”
A functionality has now been made available on the Portal for taxpayers to file an application for rectification of such orders issued under section 73/74. They can file it, post login, by navigating Services > User Services > My Applications, selecting "Application for rectification of order" in the Application Type field, and clicking on the NEW APPLICATION button.
The above advisory can be referred at the below link:
