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TMI Blogsales Against 0.1% GST- if export not done within 90 DaysX X X X Extracts X X X X X X X X Extracts X X X X ..... sales Against 0.1% GST- if export not done within 90 Days X X X X Extracts X X X X X X X X Extracts X X X X ..... mount and paid to Government treasury and filed DRC-03, Now party is asking that you have not reported Debit Note in GSTR-1 and 3B and therefore we are not getting ITC. Our Question is that, in such case should we filed GSTR-1 & 3B to give ITC Credit to the party or DRC 3 is correct . Please Guide. Thanks Regards Reply By RaamSrinivasan Kalpathi: The Reply: The suggestion would be to amend GS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TR-1 in the coming month and rectify the tax rate at 18% (or the correct rate) and remit the same through GSTR-3B of the said month with Sec. 50 interest. The tax payer may avail ITC of the the voluntary remittance in challan-DRC-03 in the same month 3B returns. Challan-DRC-03 is used for remittances u/s. 73 and 74 and what was done is in my humble opinion is not appropriate. Reply By KASTURI SET ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HI: The Reply: "2. The registered supplier shall not be eligible for the above mentioned exemption if the registered recipient fails to export the said goods within a period of ninety days from the date of issue of tax invoice. [Notification No. 40/2017-C.T. (Rate), dated 23-10-2017] Reply By Amit Agrawal: The Reply: Ideally, your client should have raised debit-notes u/s 34, disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se the same in Form GSTR-1 and pay the differential tax liability through corresponding Form GSTR-3B. Now, as your client has paid the differential tax liability through Form DRC-03, following process may be followed as a practical solution: A. Raise debit-notes u/s 34 and disclose the same in GSTR-1 but do not pay the differential tax liability while filing corresponding GSTR-3B. End customer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can claim ITC against these debit-notes. B. Once notice for the differential tax liability is issued by Dept. under Rule 88C, furnish reply u/r 88C(2)(a) explaining the fact that the differential tax liability is already paid by you by giving the details of Form DRC-03 used for the same. C. After submitting above-said reply, please also meet concerned officer, explain the bona fides of your cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ient's conduct and also explain him that any recovery u/s 79 now will amount to double tax-payment. I do hope that concerned officer accepts your reply & explanation and do not proceed for recovery u/s 79. These are ex facie views of mine and the same should not be construed as professional advice/suggestion. Reply By Amit Agrawal: The Reply: In continuation of my post above: While furn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishing reply u/r 88C(2), please first try option of replying under sub-clause (a) giving details of Form DRC-03 filed earlier. If GST portal accepts the same, this is best outcome for given situation where portal itself allows linking differential tax liability with past payments made through Form DRC-03. Only if GST format does not accept above reply u/r 88C(2)(a), then, furnish reply u/r 88C(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... )(b) explaining the fact that the differential tax liability is already paid by you by giving the details of Form DRC-03 used for the same. In this procedure (i.e. furnishing reply u/r 88C(2)(b)), meeting with the concerned officer is suggested to avoid possibility (if any) of recovery proceedings u/s 79. These are ex facie views of mine and the same should not be construed as professional advic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e / suggestion. Reply By Shilpi Jain: The Reply: What you could now do is disclose the debit note in GSTR-1. Nothing to be included in GSTR-3B since there is no payment of tax to be done now. There will be a difference between GSTR-1 and 3B which will generate an auto notice in DRC-1B/C. This can be replied to by giving ref to the already filed DRC-03. It is important to reflect the debit note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in GSTR-1 since only then the customer will be able to take credit. Reply By Padmanathan Kollengode: The Reply: I agree with Ld Amit JI and Shilpi Ma'am. You may disclose the debit note in your GSTR-1 only. The payment in DRC-03 maybe be explained, as suggested by the experts. Reply By Padmanathan Kollengode: The Reply: RaamSrinivasan Kalpathi Claiming ITC of amount paid in DRC-03 will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lead to unnecessery litigation since ITC needs to confirm with the provisions of section 16, 17 etc. X X X X Extracts X X X X X X X X Extracts X X X X
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