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2024 (4) TMI 274 - HC - GSTRefusal to rectify the assessment order passed under Rule 142 (5) of the C.G.S.T. Rules, 2017 - denial of the Input Tax Credit (ITC) - HELD THAT:- The law declared by the Court being retrospective and it being applicable to the assessment period in question, the issue ought to have been examined with seriousness. Similarly, merely because the assessing authority may not have been aware of the Circular of the CBIC when it passed the assessment order, it may not have refused to apply its mind to that Circular upon correction application being filed. Primarily, the decision of the Court being law declared and the Circular being the binding direction to apply the law, an order passed contrary to such law or direction to apply the law would remain an order that may have experienced an error apparent on the face of record - the approach of the assessing authority is found to be erroneous. The matter is remitted to the assessing authority to pass a fresh reasoned order dealing with the rectification application filed by the petitioner and keeping in mind the observations made above. Since in the earlier decision of the Court, time has been granted to the revenue and the GSTN to make compliance by 31.03.2024, let a fresh order be passed in terms of this order by 15.04.2024. Petition disposed off by way of remand.
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