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TMI BlogRefund of sum deposited due to ITC discrepancyX X X X Extracts X X X X X X X X Extracts X X X X ..... Due to an ITC mismatch, one of my clients had to deposit tax via DRC-03 in August 2022 for the tax year 2018 2019. Following this, some suppliers who had not yet filed their GSTR-1 filed, and some suppliers issued certificates in accordance with Circular 183/15/2022 which was issued in Dec. 2022. During the case hearing, the assessing officer accepted the reply and and after giving credit of certi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficate and GSTR-2A passed a speaking order, stating that the refund requested in the notice's reply would be considered under the GST relevant section in a separate application. In December 2023, the order was passed. In the refund application, the assessing officer sent a notice stating that the applicant had voluntarily deposited tax and tax under section 73(5) via DRC-0 3, so it was not cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by excess tax payment and went against the legal system as defined by section 54 of the GST. Please advise me - Reply By Padmanathan KV - The Reply = Whether officer has issued deficiency memo in RFD-03 or show cause notice in RFD-08 ? - Reply By Padmanathan KV - The Reply = If its deficiency memo, try applying again but this time under on account of assessment/ prov assessment/appeal.. categ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory while filing RFD-01 online. Also enclose a copy of the assessment order which states the refund application to be filed separately. If its a show cause notice, give a detailed reply of the facts and also enclose the assessment order along with reply. If it is rejected and order is passed, you can file appeal or even a writ petition before the HC. I have faced similar situations, when the origi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal assessment order was passed by State Department and the refund was before the Central Department. - Reply By Padmanathan KV - The Reply = Pls check the decision of Hon'ble Kerala High Court in Five Star Metals (P) Ltd. vs State Tax Officer Ors. in WPC 20129 of 2020 dtd. 11-08-2023 wherein the Court has directed refund along with interest on ITC wrongly reversed by them. This squarely cover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s your issue. - Reply By AMIT BATHAM - The Reply = Thank u very much - Reply By Shilpi Jain - The Reply = Officers always find innovative ways to deny eligible benefits to the taxpayers. File an appeal - Reply By KALLESHAMURTHY MURTHY - The Reply = Dear Sir, Payment of tax u/s 73(5) cannot be treated as voluntary payment in every situation. Payment of tax u/s 73(5) may be made on the ascertainment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the proper officer. As per Sec. 17(5)(i) any tax paid in accordance with the provisions of Sec. 74 , 129 and 130 only ITC is not eligible to avail. There is no restriction to reject the ITC on account of voluntary payment of tax. - Reply By KASTURI SETHI - The Reply = If the facts disclosed in the query are correct and complete, the Adjudication Order passed is not legally correct. Excess paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of tax can be by so many reasons. Suppose the excess payment was made voluntarily, even then it is not out of the term, excess payment'. A serious legal infirmity indeed. Once the order is passed, filing an appeal is the only remedy. No chance for rectification in this scenario. - Refund of sum deposited due to ITC discrepancy - Query Started By: - AMIT BATHAM Dated:- 10-9-2024 Last Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied Date:- 15-9-2024 Goods and Services Tax - GST - Got 7 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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