GST - New Delhi department has issued instructions regarding rectification of assessment orders to correct the errors apparent on the face of record [Instructions attached]


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Admin
11-Mar-2024 18:25:16
Below are the clarifications on the representation received:
- A decision on debatable point of law or undisputed questions of fact is not a mistake apparent from the record.
- If there are interpretation points on facts of the case or from the law perspective, then it cannot be processed through rectification procedure.
- Rectification cannot be done where an appeal is preferred by the registered person in higher appellate forums
- Following type cases have been brought to the notice of this department and may be considered for limited purposes rectification under section 161:
- Where amount of demand in question has already fully deposited/ reversed vide DRC-03 and and adequately informed to the proper officer, but the same is not considered at the time of issuance of demand order.
- Where there is arithmetical error i.e. calculation error/head error i.e. IGST, CGST and DGST in the demand order issued by the proper officer
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