Department to rectify order passed in GST DRC 07 if Tax & Penalty been paid

Libra International Limited Vs  Assistant Commissioner Commercial Tax (Allahabad High Court)

A combined reading of sub­rules (5), (6) and (7) of Rule 142 of the Rules, 2017, indicate that a mechanism is provided for uploading summary of certain specified orders, including the order issued under Section 129 in FORM GST DRC­07, specifying therein the amount of tax, interest and penalty payable by the person chargeable with tax. In the event the order aforementioned has been rectified or withdrawn, a summary of the rectification order was of the withdrawal order is uploaded electronically by the proper officer in FORM GST DRC­08.

The challenge sought to be raised to the order dated 15.2.2018 passed under Section 129 (3) of the Act, 2017, having been made at a belated stage, we are of the view that the relief claimed in this regard in terms of relief clause (I), would be barred by laches; moreso, in the light of the fact that the petitioner claims to have deposited the entire amount of tax and penalty determined under the said order, and by virtue of the deeming provision under sub­section (5) all proceedings in respect of the notice specified under sub­section (3) shall be deemed to be concluded.

As regards the prayer for quashing the summary of the order uploaded electronically in FORM GST DRC­07 dated 18.9.2020, as under relief clause (II), we may observe that in the event the petitioner has actually made payment of the entire amount due towards tax and penalty referred to in the notice issued under sub­section (1) of Section 129, he may submit proof thereof before the authority concerned and apply for rectification/withdrawal of the said order.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

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