2025 (5) TMI 1807 - HC - GST

Pre-deposit for the purpose of filing an appeal - Wrongful availment of Input of Tax Credit - only submission on behalf of the Petitioner is that the order ought to take into consideration the said deposit which has been made - HELD THAT - Form DRC-03A has been created for this purpose by the GST Department in order to enable parties like the Petitioner to take credit of any deposit which they may have made so at the time of filing of the appeal. Due consideration can be given to the fact that money already stands deposited with the GST Department. Accordingly for the said purpose let the Petitioner appear before the Adjudicating Authority and present the Form DRC 03A to the concerned official. Thereafter a confirmation to this effect be issued by the Adjudicating Authority within a month. Upon the said confirmation being issued the same shall be used for the purpose of pre-deposit to file the appeal before the Commissioner (Appeals) challenging the impugned order dated 01st February 2025. Petition disposed off.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this matter are:

- Whether the deposit of Rs. 27,40,328/- made by the Petitioner with the GST Department on 29th December, 2019 can be taken into consideration as a pre-deposit for the purpose of filing an appeal against the impugned order alleging wrongful availment of Input Tax Credit (ITC).

- The applicability and procedural compliance of Circular No. 224/18/2014-GST dated 11th July, 2024, particularly regarding the use of Form GST DRC-03A for adjustment of pre-deposit payments made through other forms.

- The procedural directions necessary to enable the Petitioner to regularize the pre-deposit and file the appeal without being dismissed on the ground of limitation.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Consideration of Earlier Deposit as Pre-Deposit for Appeal

Relevant legal framework and precedents: The GST appellate procedure under the Central Goods and Services Tax Act requires a pre-deposit of a specified amount before filing an appeal against an order passed by the adjudicating authority. The pre-deposit is typically made through prescribed forms and electronic ledgers as per the GST rules and circulars issued by the GST Department.

Court's interpretation and reasoning: The Court acknowledged that the Petitioner had made a deposit of Rs. 27,40,328/- on 29th December, 2019 with the GST Department. The Petitioner contended that this deposit should be treated as the requisite pre-deposit for filing an appeal against the impugned order dated 1st February, 2025. The Court examined the procedural guidelines issued by the GST Department, particularly Circular No. 224/18/2014-GST dated 11th July, 2024, which clarified the process for adjustment of pre-deposit payments made through incorrect forms.

Key evidence and findings: The Circular explicitly provides that where a pre-deposit has been inadvertently paid through FORM GST DRC-03 instead of the prescribed FORM GST DRC-03A, the taxpayer may intimate the proper officer, who may then refrain from insisting on recovery of the remaining amount until the correct procedure is followed. Once FORM GST DRC-03A functionality is available on the common portal, the taxpayer must file an application in that form to adjust the earlier payment against the pre-deposit requirement.

Application of law to facts: The Court found that the Petitioner's deposit, though made earlier and possibly through a different form, should be allowed to be adjusted as pre-deposit upon compliance with the procedure prescribed in the Circular. This interpretation aligns with the principle of avoiding hardship to the taxpayer and ensuring procedural fairness.

Treatment of competing arguments: The Respondent relied on the Circular to assert that the proper procedure for adjustment had to be followed and that the deposit alone did not automatically qualify as pre-deposit for appeal purposes. The Court balanced these positions by directing the Petitioner to comply with the procedural requirements to regularize the deposit.

Conclusions: The deposit made by the Petitioner can be considered as pre-deposit for the appeal, subject to the Petitioner filing Form GST DRC-03A and obtaining confirmation from the Adjudicating Authority.

Issue 2: Procedural Compliance with Circular No. 224/18/2014-GST and Directions for Appeal Filing

Relevant legal framework and precedents: Circular No. 224/18/2014-GST dated 11th July, 2024 lays down the procedural steps for taxpayers to adjust pre-deposit payments made through incorrect forms. The Circular mandates the use of FORM GST DRC-03A on the common portal for such adjustments and specifies timelines and consequences for non-compliance.

Court's interpretation and reasoning: The Court interpreted the Circular as providing a remedial mechanism for taxpayers who had made deposits through incorrect forms prior to the availability of FORM GST DRC-03A on the portal. The Court emphasized the necessity of following the prescribed procedure to ensure that the deposit is recognized as pre-deposit for appeal purposes.

Key evidence and findings: The Court noted that the functionality for FORM GST DRC-03A was not available at the time of the deposit, and the Circular allows for intimation to the proper officer and subsequent adjustment once the form is available. The Court found that the Petitioner should be given an opportunity to comply with these procedural requirements.

Application of law to facts: The Court directed the Petitioner to file FORM GST DRC-03A by 30th May, 2025, appear before the Adjudicating Authority on 9th June, 2025, and secure an order permitting adjustment of the pre-deposit by 30th June, 2025. The Court further permitted the Petitioner to file the appeal by 31st July, 2025, with a direction that the appeal shall not be dismissed on the ground of limitation if filed within this timeline.

Treatment of competing arguments: The Respondent's position was that procedural compliance was mandatory and failure to follow the prescribed process could lead to recovery proceedings under sections 78 and 79 of the CGST Act. The Court balanced this by providing the Petitioner a clear timeline and opportunity to regularize the deposit and file the appeal.

Conclusions: The Court's directions ensure procedural fairness by allowing the Petitioner to adjust the deposit properly and file the appeal without prejudice to limitation, subject to compliance with the Circular's requirements.

3. SIGNIFICANT HOLDINGS

- The Court held that "due consideration can be given to the fact that money already stands deposited with the GST Department" and that such deposit can be adjusted as pre-deposit for the purpose of filing an appeal, upon compliance with procedural formalities.

- The Court emphasized the importance of Circular No. 224/18/2014-GST dated 11th July, 2024, stating: "Form DRC-03A has been created for this purpose by the GST Department in order to enable parties like the Petitioner to take credit of any deposit which they may have made at the time of filing of the appeal."

- The Court issued binding directions that the Petitioner must file FORM GST DRC-03A by a specified date, appear before the Adjudicating Authority for adjustment confirmation, and was permitted to file the appeal within an extended timeline without the appeal being dismissed on limitation grounds.

- The judgment establishes the principle that procedural irregularities in the mode of deposit can be remedied by following the prescribed rectification mechanism, thereby protecting the substantive rights of taxpayers to appeal.

- The final determination was that the impugned order's requirement of pre-deposit must be satisfied by adjusting the earlier deposit through FORM GST DRC-03A, and upon such adjustment, the Petitioner is entitled to file the appeal which shall be adjudicated on merits.