GST Notification 22/2024-Central Tax dt. 08-October-2024
GST Notification – 22/2024:
Notification No. 22/2024–Central Tax, issued on October 8, 2024, establishes a special procedure for registered persons to rectify orders confirming demands for wrong availment of input tax credit (ITC) under the Central Goods and Services Tax (CGST) Act, 2017. This notification allows those who have received orders under sections 73, 74, 107, or 108 for ITC that was wrongly claimed due to violations of subsection (4) of section 16, but which is now eligible under subsections (5) or (6) of the same section, to seek rectification. The application must be filed electronically within six months from the notification date, provided that no appeal has been lodged against the original order.
Registered persons are required to upload specific information in the prescribed format (Annexure A) along with their rectification application. This form gathers essential details such as GSTIN,
order reference number, and the breakdown of confirmed demands across financial years, including amounts of IGST, CGST, SGST, and any penalties. The notification mandates that the original issuing authority will handle the rectification process and is expected to make a decision and issue a rectified order within three months of receiving the application.
The rectification applies only to ITC that was previously deemed improperly claimed but is now valid under the relevant provisions of the CGST Act. If the rectification adversely affects the taxpayer, the principles of natural justice must be observed. Additionally, the authority must summarize and upload the rectified order electronically using specific forms (GST DRC-08 or GST APL-04) as applicable, ensuring that all procedural requirements are met for the rectification to be effective and transparent.
