Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTConflicting GST Orders Can’t Co-Exist; Later Order Vitiated Once Earlier One Attains...

Conflicting GST Orders Can’t Co-Exist; Later Order Vitiated Once Earlier One Attains Finality: Kerala HC

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Kerala High Court has set aside a Goods and Services Tax (GST) assessment order issued against assessee, citing duplication and conflicting conclusions between two orders passed by the same department on the same issue.

The bench of Justice Ziyad Rahman A.A. observed that the second order was passed despite an earlier order which had already dropped the proceedings after accepting the taxpayer’s explanation.

The petitioner/assessee is a private limited company having registration under the provisions of the Central Goods and Service Tax, Act, 2017/Kerala State Goods and Service Tax Act, 2017. The grievance of the petitioner is against Ext.P14 order, by which the rectification sought by the petitioner, in respect of order, was rejected on the reason that that petitioner failed to submit the rectification application within the statutory period of six months as contemplated under Section 161 of the GST Act.

The petitioner company had sought rectification of the later order, flagging the issue of duplication through an email dated February 1, 2024. However, the GST officer rejected the request on the grounds that the rectification request was not uploaded via the GST portal within the six-month statutory time frame under Section 161 of the CGST Act.

The High Court, however, held that Section 161 does not limit rectification solely to online applications. The judge noted that the department had acknowledged the receipt of the petitioner’s email within the prescribed period and, therefore, could not refuse to act on an “apparent error on the face of the record.”

“Two mutually conflicting orders passed on the same issue by officers of the same department cannot stand. The second order could not have been passed,” the court ruled, quashing both the second order and the rejection of rectification.

The Court clarified that once the petitioner had brought the duplication to the department’s attention in time, the officer was bound to correct the mistake, even suo motu.

Case Details

Case Title: M/S. Winter Wood Designers & Contractors India Pvt.Ltd Versus The State Tax Officer

Case No.: WP(C) NO. 9086 OF 2025

Date:  09/06/2025

Counsel For  Petitioner: K.S.Hariharan Nair

Counsel For Respondent: Arun Ajay Sankar

Read More: SBI’s Plan to Shift Global Market Unit to Mumbai Sparks Protests, West Bengal Faces Rs 25-Crore GST Loss

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

CENVAT Credit Eligibility Bars Extended Limitation, But Doesn’t Wipe Out Reverse Charge Service Tax Liability: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has held that...

Offshore Services Claim Needs Evidence; Service Tax Paid by ONGC Must Be Verified: CESTAT 

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has directed fresh...

Share Valuation Can’t Be Rejected Without Expert Opinion Merely Because Projections Differ From Actual Results: ITAT

The Income Tax Appellate Tribunal (ITAT), Mumbai, has deleted a share premium addition under...

ED Arrests Advocate Over Alleged Bribes to Unfreeze Accounts in Rs. 28,000 Crore Cyber Fraud Network Probe

The Enforcement Directorate (ED) has arrested an advocate for allegedly helping a nationwide cyber...

More like this

CENVAT Credit Eligibility Bars Extended Limitation, But Doesn’t Wipe Out Reverse Charge Service Tax Liability: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has held that...

Offshore Services Claim Needs Evidence; Service Tax Paid by ONGC Must Be Verified: CESTAT 

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has directed fresh...

Share Valuation Can’t Be Rejected Without Expert Opinion Merely Because Projections Differ From Actual Results: ITAT

The Income Tax Appellate Tribunal (ITAT), Mumbai, has deleted a share premium addition under...