2025 (4) TMI 1007 - HC - GST

Dismissal of application filed by the petitioner under Section 161 Goods and Services Act 2017 - Opportunity of personal hearuing - violation of principles of natural justice - HELD THAT - The provisions of Section 161 of the Act which deals with rectification of errors apparent on face of record inter alia provides for rectification of errors which are apparent on face of record and the third proviso provides that where the rectification adversely affects any person principles of natural justice shall be followed by the authority carrying out such rectification . The provision of Section 161 of the Act to the extent it provides for following principles of natural justice the same is confined to cases where (i) rectification is to be carried out and (ii) such rectification adversely affects any person (assessee). In the present case on account of nature of application filed which was absolutely vague and except for reproducing table no contention was raised the Authority did not find any reason to accept the prayer for rectification and as such once no rectification has been carried out there is no question of the petitioner getting affected and therefore it cannot be said that the application could not have been rejected without affording opportunity of hearing. Conclusion - The dismissal of a rectification application under Section 161 of the Act does not require adherence to natural justice if no rectification is actually made and the petitioner is not adversely affected. Petition dismissed.

Summary

1. ISSUES PRESENTED and CONSIDERED

- Whether the order dismissing the application under Section 161 of the Goods and Services Act, 2017 (the Act) was valid, particularly in light of the petitioner's contention that the order was non-speaking and passed without affording an opportunity of hearing.

- Whether the application for rectification under Section 161 of the Act was maintainable given the nature and content of the application filed by the petitioner.

- Whether principles of natural justice were required to be followed by the authority in dismissing the rectification application under Section 161 of the Act.

- Whether the petitioner's approach to the High Court under writ jurisdiction was appropriate after losing limitation for filing an appeal.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of the order dismissing the application under Section 161 of the Act

The legal framework involves Section 161 of the Goods and Services Act, 2017, which permits rectification of errors apparent on the face of the record. The third proviso to this section mandates adherence to principles of natural justice if the rectification adversely affects any person.

The Court examined whether the order impugned was valid despite the petitioner's claim that it was non-speaking and passed without hearing. The Court noted that the rectification application was "absolutely vague" and contained no substantive content except for reproducing a table. Given the lack of any cogent argument or basis for rectification, the authority was justified in dismissing the application.

The Court emphasized that since no rectification was actually carried out, there was no adverse effect on the petitioner. Consequently, the requirement to follow principles of natural justice in this context was not triggered. The authority's rejection of the application without hearing was thus held to be valid.

Issue 2: Maintainability and sufficiency of the rectification application

The Court analyzed the content of the rectification application filed under Section 161. It found that the application was cursory and vague, merely reproducing tables without raising any substantive or specific contentions. This lack of clarity and specificity led the authority to conclude that there was no justification for rectification.

The Court supported the authority's reasoning that such an application does not warrant acceptance or further inquiry. The absence of any detailed or reasoned plea in the application justified its dismissal.

Issue 3: Requirement of natural justice in rectification proceedings

The Court referred to the statutory provision that principles of natural justice are mandated only when the rectification adversely affects any person. Since the authority did not carry out any rectification, the petitioner was not adversely affected by the dismissal of the rectification application.

Therefore, the Court held that the authority was not obliged to afford an opportunity of hearing before rejecting the application. The dismissal without hearing did not violate natural justice.

Issue 4: Appropriateness of writ jurisdiction after lapse of limitation for appeal

The learned Standing Counsel contended that the petitioner's recourse to writ jurisdiction was inappropriate after the limitation period for filing an appeal had expired. The Court noted this submission but did not find it necessary to interfere on this ground as the petition lacked merit on substantive grounds.

3. SIGNIFICANT HOLDINGS

- "The provisions of Section 161 of the Act, which deals with rectification of errors apparent on face of record, inter alia, provides for rectification of errors, which are apparent on face of record and the third proviso provides that where the 'rectification adversely affects any person, principles of natural justice shall be followed by the authority carrying out such rectification."

- "In the present case, on account of nature of application filed, which was absolutely vague and except for reproducing table, no contention was raised, the Authority did not find any reason to accept the prayer for rectification and as such, once no rectification has been carried out, there is no question of the petitioner getting affected and therefore, it cannot be said that the application could not have been rejected without affording opportunity of hearing."

- The Court established the principle that dismissal of a rectification application under Section 161 of the Act does not require adherence to natural justice if no rectification is actually made and the petitioner is not adversely affected.

- The Court upheld the authority's discretion to reject vague and cursory rectification applications without detailed reasoning or hearing, provided the order is not wholly non-speaking.

- The final determination was that the impugned order dismissing the rectification application was valid, not non-speaking, and did not violate principles of natural justice, and thus the petition was dismissed.