Home Forum Goods and Services Tax - GST Month 8 2021 2021 (8) This
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Refund of Amount deposited in Protest - Goods and Services Tax - GSTExtract Dear experts, A search action under GST was conducted on the company during which questioning was done regarding purchases from specific parties. Company produced complete documents in support of bonafide purchase including Bills, transport receipts, eway bills, GRN etc. Despite the same, company was made to deposit tax under pressure by search team via DRC-03 u/s 73 . After search, bank accounts of the company have been provisionally attached u/s 83 . However, no proceedings u.s 73 or 74 of the Act have been initiated till date and business of company is shut down due to this. Your opinion is requested as to whether: a) Company should deposit further DRC-03 u/s 73(5) of certain amount and mention that same is only being done under protest to release attachment of bank account. Whether there remains possibility of refund of such tax in future if upon adjudication, case is decided in company's favor. Whether this case would be covered u/s 54 once tax is paid u/s 73(5) ? OR b) File Writ Petition in High Court seeking release of attachment of accounts when no adjudication proceedings u/s 73 or 74 have been initiated till date and no demand has been determined? OR c) Any other suggested remedy so that business can be continued and no further tax is being paid until final demand/adjudication proceedings
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