Refund of Amount deposited in Protest

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..... Refund of Amount deposited in Protest
Query (Issue) Started By: - ROHIT GOEL Dated:- 10-8-2021 Last Reply Date:- 11-8-2021 Goods and Services Tax - GST
Got 2 Replies
GST
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 in .....

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..... cluding 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 .....

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..... 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 .....

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..... 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 Reply By KASTURI SETHI: The Reply: Sh.Rohit Goel Ji, On which date search was cond .....

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..... ucted ? Whether confessional statement was recorded ? If so, will confessional statement and 'under protest' not be contradictory ? Are doubly sure about bona fides of your client ? If confessional statement was under pressure as mentioned by you, was it withdrawn within 24 hrs. ? Reply By KASTURI SETHI: The Reply: This case law can help you. 2021 (1) TMI 1013 - DELHI HIGH COURT .....

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..... ELECTRO DEVICES PVT. LTD. VERSUS ADDITIONAL DIRECTOR GENERAL, DIRECTORATE GENERAL OF GST INTELLIGENCE & ANR.
Discussion Forum - Knowledge Sharing .....

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