Businesses Can Correct Tax Errors, Buyers’ ITC Can’t Be Denied due to Seller’s Mistake: SC

The Supreme Court of India has ruled out that Businesses Can Correct Tax Errors, Buyers’ ITC Can’t Be Denied due to Seller’s Mistake.

The Judgement Read as Follows:

We do not find any merit in the present special leave petition, as we have already dismissed SLP (C) No. 7903/2025, titled “Central Board of Indirect Taxes and Customs v. M/s Aberdare Technologies Private Limited and Ors.”

However, it appears that on account of mistakes or errors getting noticed on the input tax credit, and the input tax credit being subsequently denied to the purchaser, the Revenue has been taking the stand that rectification is not possible after expiry of the period prescribed under Sections 37(3) and 39(9) of the Central Goods and Services Tax Act, 2017. In order to resolve the issue, we deem it appropriate to issue notice to the Central Board of Indirect Taxes and Customs.

It may be noticed that, in all these cases, it is accepted by the Revenue that there is a clerical/arithmetical mistake that is not being permitted to be corrected. Invariably, such mistakes come to the notice of the seller, who has to fill up the online form(s), etc., after the input tax credit is denied to the purchaser(s).

We appoint Mr. Arvind P. Datar, learnt Senior Advocate, as an Amicus Curiae to assist this Court in the present case.

Re-list in the week commencing 28.04.2025.

For Official Judgement Download PDF Given Below: