Tax Demand Correction Allowed Under Second Proviso to Section 161 of the Act, Overturning Limitation Period
Case-Laws
GST
The HC held that the tax demand exceeding the taxable turnover arose from a mere arithmetical miscalculation. The petitioner was permitted to invoke the second proviso to Section 161 of the Act, 2017, allowing correction of the error despite the usual limitation period under the first proviso. The petitioner was granted liberty to file an application under this provision, which the Assessing Officer must consider and dispose of on merits. The petition was allowed in part, enabling rectification of the tax demand through the prescribed statutory mechanism.
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