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TMI BlogRCM not paid to DRC ChallenX X X X Extracts X X X X X X X X Extracts X X X X ..... RCM not paid to DRC Challen X X X X Extracts X X X X X X X X Extracts X X X X ..... g DRC-3 challen where he will not get the input tax credit?. Please advice. Reply By Shilpi Jain: The Reply: Credit should not be denied merely for the reason that it was paid through GSTR-3B and not DRC-03. Also there is no restriction on such payment since GSTR-9 itself has a disclosure of these kind of transactions in part v Reply By Ganeshan Kalyani: The Reply: RCM paid thru GSTR-3B is a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufficient compliance. You need not pay again on the same transaction via DRC-03. Reply By KASTURI SETHI: The Reply: I support the views of both experts. Reply By Amit Agrawal: The Reply: What your client has done is precisely what is allowed u/s 39 (9) of the CGST Act, 2017. Given facility is subject to condition that this payment of taxes is not a 'result of scrutiny, audit, inspection or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enforcement activity by the tax authorities'. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. Reply By Bayyareddy DK: The Reply: Dear Amit Sir, RCM payment of taxes is not a 'result of scrutiny, audit, inspection or enforcement activity by the tax authorities, but paid Voluntarily during April 21 to Sep 2021 as it is missed d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the financial year 2020-2021. Reply By Amit Agrawal: The Reply: Dear Shri Bayyareddy DK, In given scenario, I am of the view that there is no legal risk to ITC so availed by your client. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. Reply By Bayyareddy DK: The Reply: Dear Sir, Is it attracts any interest leviable on RCM as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is paid lately but voluntarily but before Sep 2021? Please advice?. Reply By Amit Agrawal: The Reply: Dear Shri Bayyareddy DK Ji, Said Section 39 (9) reads as follows: 11[Where] any registered person after furnishing a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars 5[in such form and manner as may be perscribed], subject to payment of interest under this Act: Provided that no such rectification of any omission or incorrect particulars shall be allowed after 12[the thirtieth day of November] following 6[the end o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the financial year to which such details pertain], or the actual date of furnishing of relevant annual return, whichever is earlier. X X X X Extracts X X X X X X X X Extracts X X X X
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