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2021 Supreme(SC) 647

A.M.KHANWILKAR, DINESH MAHESHWARI
UNION OF INDIA – Appellant
Versus
BHARTI AIRTEL LTD. – Respondent


Advocates Appeared:
For the Petitioner(s):N. Venkataraman, ASG Mohd. Akhil, Zoheb Hussain, Kanu Agarwal, Mukesh Kumar Maroria, Advocates
For the Respondent(s):Harish N. Salve, Tarun Gulati, Anuradha Dutt, Tushar Jarwal, Rahul Sateeja, Deepak Thackur, Anurag Soan, Sparsh Bhargava, B. Vijayalakshmi Menon, Advocates

JUDGMENT :

A.M. KHANWILKAR, J.

1. This appeal emanates from the judgment and order dated 05.05.2020 passed by the High Court of Delhi in W.P. (C) No.6345 of 2018, whereby the High Court allowed the writ petition filed by respondent No.1 herein and read down paragraph 4 of the Circular No. 26/26/2017-GST dated 29.12.20171[for short, “impugned Circular”] issued by the Commissioner (GST), Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs, GST Policy Wing2[ for short, “Commissioner (GST)”], to the extent it restricted the rectification of Form GSTR-3B in respect of the period in which the error had occurred. The High Court also allowed respondent No.1 to rectify Form GSTR-3B for the period in which error had occurred, i.e., from July to September 2017. Further, the High Court directed the appellant that on filing of the rectified Form GSTR-3B, they shall, within a period of two weeks, verify the claim set forth by respondent No.1 and give effect to the same once verified.

2. This lis is aftermath of enacting the Central Goods and Services Tax Act, 20173[for short, “2017 Act”, which came into force with effect from 01.07.2017. Vide Notific

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