DRC-3 against wrong notice and acknowledged by GST dept

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..... DRC-3 against wrong notice and acknowledged by GST dept
Query (Issue) Started By: - SUSHIL BANSAL Dated:- 13-2-2025 Last Reply Date:- 18-2-2025 Goods and Services Tax - GST
Got 3 Replies
GST
Dear experts, In one of our case client purchased goods in F.Y. 2018-19. Against this purchase (bogus) client received SCN u/s 74 for the FY 2017-18 and after 20 days again a SCN of the same amou .....

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..... nt & facts received for the FY 2018-19 also. Against the SCN of FY 2017-18 the client deposited only tax through DRC-03 which department acknowledged too & dropped the notice. (No reply was filed by client) We filed reply for FY 2018-19 SCN but department raised demand in DRC-07. (tax,Int,Penalty) Now the problem is that the tax as deposited for FY 2017-18 was to be deposited for FY 2018-19 & t .....

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..... he SCN of 2017-18 was to be pleaded for dropping as wrong one. Whether we can take refund of tax as deposited for fy 2017-18. Plz guide how to do that or any other recourse. Reply By KASTURI SETHI: The Reply: (i) What is the date of issue of the SCN for 17-18 and what is the date of deposit of tax  for 17-18  through DRC-03 ? (ii) You have used the word, 'dropped'. It appear .....

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..... s to me that the case was not dropped. What is the factual position. Has the demand been vacated without filing reply to the SCN and without personal hearing ? It is not digestible.  (iii) If the demand has been actually vacated, the Noticee can file refund claim for 17-18. (iv) You cannot intermingle both years. Both are separate Assessment Orders/Adjudication Orders. Reply By SUSHIL BANS .....

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..... AL: The Reply: Tysm sir for taking up my querry. For FY 17-18 SCN was dt 02.08.2024, dropped without filing reply on dt 28.08.2024. (it was dropped being issued for wrong year) For FY 17-18 DRC 03 on dated 16.10.2024, DRC 04 28.11.2024. Now we have to take refund of this. practically the tax was to be deposited for FY 2018-19 but deposited for FY 2017-18. Reply By KASTURI SETHI: The Reply: You .....

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..... are eligible for refund for the year 17-18 without any hurdle.
Discussion Forum - Knowledge Sharing .....

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