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Core Purpose

This notification establishes a special procedure for the rectification of orders issued under sections 73, 74, 107, or 108 of the Delhi Goods and Services Tax Act, 2017, concerning wrong availment of input tax credit.

Detailed Summary

The Government of the National Capital Territory of Delhi, through its Finance (Expenditure-I) Department, under Notification No. 22/2024-State Tax dated December 1, 2025, has notified a special procedure for the rectification of orders. Exercising powers under section 148 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), the Lieutenant Governor, on the Council's recommendation, established this procedure for registered persons. This applies to orders issued under sections 73, 74, 107, or 108 of the Act, confirming demand for input tax credit (ITC) wrongly availed due to contravention of section 16(4), but where such ITC is now available under section 16(5) or 16(6), and no appeal has been filed. Affected persons must file an electronic application on the common portal within six months from the notification date, uploading information as per Annexure A. The proper officer who issued the original order is responsible for rectification and must decide within three months of the application, issuing a rectified order. A summary of the rectified order is to be uploaded electronically in FORM GST DRC-08 for orders under sections 73 or 74, or in FORM GST APL-04 for orders under sections 107 or 108. The rectification is limited to ITC wrongly availed under section 16(4) but now eligible under section 16(5) or 16(6). Principles of natural justice will be followed if rectification adversely affects the registered person.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-03122025-268193 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 370] DELHI, MONDAY, DECEMBER 1, 2025/ AGRAHAYANA 10, 1947 [N. C. T. D. No. 357 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI FINANCE (EXPENDITURE-I) DEPARTMENT NOTIFICATION Delhi, the 1st December, 2025 No. 22/2024-State Tax F.No. 3 (36)/Fin.(Exp-I)/2025-26/DS-I/1154.— In exercise of the powers conferred under the section 148 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017) (hereinafter referred to as the said Act), the Lieutenant Governor of National Capital Territory of Delhi, on the recommendations of the Council, hereby notifies the following special procedure for rectification of order, to be followed by the class of registered persons (hereinafter referred to as the said person), against whom any order under section 73 or section 74 or section 107 or section 108 of the said Act has been issued confirming demand for wrong availment of input tax credit, on account of contravention of provisions of sub-section (4) of section 16 of the said Act, but where such input tax credit is now available as per the provisions of sub- section (5) or sub-section (6) of section 16 of the said Act, and where appeal against the said order has not been filed, namely:- 2. The said person shall file, electronically on the common portal, within a period of six months from the date of issuance of this notification, an application for rectification of an order issued under section 73 or section 74 or section 107 or section 108 of the said Act, as the case may be, confirming demand for wrong availment of input tax credit, on account of contravention of provisions of sub-section (4) of section 16 of the said Act, but where such input tax credit is now available as per the provisions of sub-section (5) or sub-section (6) of section 16 of the said Act, and where appeal against the said order has not been filed. 3. The said person shall, along with the said application, upload the information in the proforma in Annexure A of this notification. 4. The proper officer for carrying out rectification of the said order shall be the authority who had issued such order, and the said authority shall take a decision on the said application and issue the rectified order, as far as possible, within a period of three months from the date of the said application. 5. Where any rectification is required to be made in the order referred to in paragraph 1 and, the said authority has issued a rectified order thereof, then the said authority shall upload a summary of the rectified order electronically (i) in FORM GST DRC-08, in cases where rectification of an order issued under section 73 or section 74 of the said Act is made; and (ii) in FORM GST APL-04, in cases where rectification of an order issued under section 107 or section 108 of the said Act is made. 6. The rectification is required to be made only in respect of demand of such input tax credit which has been alleged to be wrongly availed in contravention of provisions of sub-section (4) of section 16 of the said Act, but where such input tax credit is now available as per the provisions of sub-section (5) or sub- section (6) of the said section 16. 7. Where such rectification adversely affects the said person, the principles of natural justice shall be followed by the authority carrying out such rectification. Annexure A Proforma to be uploaded by the registered person along with the application for rectification of order under special procedure for rectification of order notified under section 148 of the Delhi Goods and Services Tax Act, 2017 (3 of 2017) 1. Basic Details: (a) GSTIN: (b) Legal Name: (c) Trade Name, if any: (d) Order in respect of which rectification application has been filed: (1) Order Reference Number: (2) Order Date: 2. Details of demand confirmed in the said order: (Amount in Rs.) +-------+-------------+------+------+------+------+-------------+----------+---------+ | Sr. | Financial | IGST | CGST | SGST | CESS | Total Tax | Interest | Penalty | | No. | Year | | | | | including | | | | | | | | | | Cess | | | +=======+=============+======+======+======+======+=============+==========+=========+ | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | +-------+-------------+------+------+------+------+-------------+----------+---------+ | | 2017-18 | | | | | | | | | | 2018-19 | | | | | | | | | | 2019-20 | | | | | | | | | | 2020-21 | | | | | | | | | | 2021-22 | | | | | | | | | | 2022-23 | | | | | | | | | | Total | | | | | | | | +-------+-------------+------+------+------+------+-------------+----------+---------+ 3. Out of the amount mentioned in the Table in serial number 2 above: (a) the details of the demand confirmed in the said order, of the input tax credit wrongly availed on account of contravention of sub-section (4) of section 16, which is now eligible as per sub- section (5) of section 16 of the Delhi Goods and Services Tax Act, 2017 (3 of 2017) (the said Act): (Amount in Rs.) +---------+-------------+------+------+------+------+-------------+----------+---------+ | Sr. No. | Financial | IGST | CGST | SGST | CESS | Total Tax | Interest | Penalty | | | Year | | | | | including | | | | | | | | | | Cess | | | +=========+=============+======+======+======+======+=============+==========+=========+ | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | +---------+-------------+------+------+------+------+-------------+----------+---------+ | | 2017-18 | | | | | | | | | | 2018-19 | | | | | | | | | | 2019-20 | | | | | | | | | | 2020-21 | | | | | | | | | | Total | | | | | | | | +---------+-------------+------+------+------+------+-------------+----------+---------+ and/or (b) the details of the demand confirmed in the said order of the input tax credit wrongly availed on account of contravention of sub-section (4) of section16, other than that mentioned in (a) above, which is now eligible as per sub-section (6) of section 16 of the said Act: (Amount in Rs.) +---------+-------------+------+------+------+------+-------------+----------+---------+ | Sr. No. | Financial | IGST | CGST | SGST | CESS | Total Tax | Interest | Penalty | | | Year | | | | | including | | | | | | | | | | Cess | | | +=========+=============+======+======+======+======+=============+==========+=========+ | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | +---------+-------------+------+------+------+------+-------------+----------+---------+ | | 2017-18 | | | | | | | | | | 2018-19 | | | | | | | | | | 2019-20 | | | | | | | | | | 2020-21 | | | | | | | | | | 2021-22 | | | | | | | | | | 2022-23 | | | | | | | | | | Total | | | | | | | | +---------+-------------+------+------+------+------+-------------+----------+---------+ 4 Declaration: 1. I undertake that, no appeal under section 107 or section 112 of the said Act is pending against the order against which this rectification application is filed. 2. I declare that all information provided by me is accurate and truthful. I understand that any incorrect declaration or suppression of facts will render this application void and may lead to recovery proceedings for the outstanding dues along with applicable interest and penalties. 5 Verification: I ___________________________________ (name of the authorised signatory), hereby declare that the information provided above is true and correct to the best of my knowledge and belief. I understand that any incorrect declaration or suppression of facts will render my application void. Signature of authorised signatory Name/Designation Email address Mobile No. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, MANGEJ SINGH, Dy. Secy.(Fin.)

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