Madras High Court Remands Matter for Fresh Adjudication; Rectification Order Correcting Place of Supply Treated as Addendum to Original SCN

By | February 21, 2026

Madras High Court Remands Matter for Fresh Adjudication; Rectification Order Correcting Place of Supply Treated as Addendum to Original SCN


1. The Core Dispute: Change in Place of Supply (PoS)

The petitioner originally faced a demand confirmed via an order in December 2023. Subsequently, the Revenue issued a Rectification Order under Section 161 in November 2024 to correct a fundamental error: the Place of Supply (PoS) of the goods was changed from Tamil Nadu to Karnataka.

  • Petitioner’s Stand: The total tax liability was ₹13.57 lakhs. They argued that they had already reversed ₹8.05 lakhs in their GSTR-3B returns, leaving only ₹4.51 lakhs in dispute. They contended that a change in the Place of Supply mid-proceedings significantly altered the nature of the demand.

  • Legal Issue: Whether a rectification order that changes the “Place of Supply” can stand on its own, or if it necessitates a fresh opportunity for the taxpayer to defend the case under the revised facts.


2. Legal Analysis: Rectification vs. Re-Adjudication

The Court examined the scope of Section 161, which is intended to correct “errors apparent on the face of the record.”

I. The “Addendum” Approach

A change in the Place of Supply is not merely a clerical error; it shifts the jurisdictional basis of the tax (e.g., from CGST/SGST to IGST).

  • The Ruling: The Court held that the rectification order dated 14-11-2024 should not be treated as a final demand order. Instead, it must be treated as an “Addendum to the Show Cause Notice (SCN).” This ensures the taxpayer has a formal chance to reply to the revised allegations.

II. The Condition of “Pre-Deposit”

To balance the interests of the Revenue, the Court imposed a stringent condition for the remand.

  • The Condition: The petitioner must deposit 100% of the admitted/disputed tax liability (₹4.51 lakhs), along with applicable interest and penalty, within 30 days.


3. Final Verdict: Remand for Fresh Order

The High Court set aside the previous orders to allow for a comprehensive fresh assessment.

  • Verdict: The matter was remitted to the respondent (Adjudicating Authority).

  • Next Steps for Petitioner: 1. Deposit the disputed amount within 30 days.

    2. Submit a detailed reply to the SCN (treating the rectification order as part of it).

    3. Provide all documents to substantiate the reversal of the ₹8.05 lakhs.

  • Direction to Revenue: Pass a fresh order on merits after providing a personal hearing.


Key Takeaways for Taxpayers

  • PoS is Fundamental: If the Department changes the “Place of Supply” in your case, it changes the entire tax character. You have the right to ask for the proceedings to be “re-opened” from the SCN stage to address this new fact.

  • Section 161 Limits: Section 161 cannot be used by the Department to overhaul an assessment order in a way that deprives the taxpayer of a hearing. If a rectification goes deep into the merits, it should be challenged as a fresh SCN.

  • Burden of 100% Deposit: Be aware that in cases involving “remands” for older periods (2017-18), Courts may require a full deposit of the disputed tax to discourage dilatory tactics.

HIGH COURT OF MADRAS
Chendur Murugan Ginning Factory
v.
State Tax Officer (FAC)*
C. Saravanan, J.
W. P. No. 49575 of 2025
W.M.P. Nos. 55414 and 55417 of 2025
DECEMBER  19, 2025
Aparna Nandakumar for the Petitioner. V. Prashanth Kiran, Government Adv. for the Respondent.
ORDER
1. Mr. V. Prashanth Kiran, learned Government Advocate takes notice for the Respondent.
2. This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent.
3. The Petitioner is before this Court against the impugned order dated 14.11.2024 passed by the Respondent under Section 161 of the respective GST enactments. By the impugned order dated 26.12.2023 was rectified by making few minor corrections regarding the place of supply of goods as Karnataka instead of Tamil Nadu.
4. The demand that was confirmed by the Respondent vide order dated 26.12.2023 which stood rectified by the impugned order dated 14.11.2024 is detailed below:-
Sl.NoTax PeriodTaxInterestPenaltyTotal
1July 2017 – March 20185,37,815.000.005,37,815.0010,75,630.00
2July 2017 – March 20184,09,613.000.004,09,613.008,19,226.00
3July 2017 – March 20184,09,613.000.000.004,09,613.00
Total13,57,041.000.009,47,428.0023,04,469.00

 

5. It is the case of the Petitioner that from and out of the total tax liability of Rs.13,57,041/- the Petitioner has reversed an amount of Rs.8,05,443/- partly in the 3B return filed for the tax period 2018 – 2019.
6. The learned counsel for the Petitioner further submits that the Petitioner is confining the challenge to the impugned order only to the extent of Rs.4,51,596/-.
7. The learned Government Advocate for the Respondent is however unable to confirm the same. This would require a detailed consideration.
8. Following the consistent view taken by this Court under similar circumstances, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 100% of the admitted tax demand in cash and confirmed vide order dated 26.12.2023 together with interest and penalty from the Petitioner’s Electronic Cash Register within a period of thirty (30) days from the date of receipt of a copy of this order. The Petitioner shall also deposit 100% of disputed tax liability of Rs.4,51,596/- within such time.
9. Needless to state, any debit purportedly made from the Petitioner’s Electronic Cash Register for the month of September 2018 for the aforesaid sum of Rs.8,05,443/-, shall be adjusted towards the pre-deposit shall be subject to verification.
10. Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 26.12.2023 together with requisite documents to substantiate the case by treating the impugned Order dated 14.11.2024 as an addendum to the Show Cause Notice dated 26.12.2023.
11. In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations and subject to Petitioner not being in arrears of any other amount barring the amount demanded under the impugned order, the attachment of the bank account of the Petitioner shall also stand vacated/lifted.
12. In case the Petitioner fails to comply with any of the stipulations, the Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today.
13. Needless to state, before passing any such order, the Respondent shall give due notice to the Petitioner.
14. This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed.
Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com