9911796707
TMI Blog2023 (12) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... that respondent no. 1 be directed to refund the amount of Rs.28,20,000/- deposited by the petitioner during the course of search and inspection conducted on 29.07.2022, along with a simple interest of 12% p.a. from the date of payment. The petitioner claims that it was coerced to deposit the aforesaid amount and that the same cannot be considered as a deposit done voluntarily under Section 74(5) of the Central Goods & Services Tax Act, 2017 (hereafter the 'CGST Act'). FACTUAL CONTEXT 2. The petitioner carries on a business in trading of waste paper and craft paper, which are taxable at 5% and 12% respectively, under the provisions of GST laws. The petitioner is registered with the GST Department under the registration: GSTIN No. 07AAACN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... :38 am DRC-03 3. 4,50,000 Input Tax Credit 29.07.2022 at 11:49pm DRC-03" 6. The statement of Mr. Deepak Goel, Director of M/s Neeraj Paper Marketing Limited, was recorded on 29.07.2022. He acknowledged that there was a mismatch of Rs.60,00,000/- in GSTR 2A/3B during the financial year 2018-2019 and Rs.20,00,000/- in the year 2019-2020. He furnished a reconciliation statement for the period of 2018-2019 and 2019-2020, and undertook that the tax liability, if any, along with interest and penalty would be paid, in case there was any tax liability arising out of the mismatch in the two returns. 7. The petitioner, by letter dated 13.12.2022, requested respondent no. 2, to refund the amount deposited on 29.07.2022 vide the GST DRC-03 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... form GST DRC-03, the respondents have not issued any acknowledgement accepting the said payment in form GST DRC-04. 10. Section 73 of the CGST Act as well as Section 74 of the CGST Act enables a taxpayer to make voluntary payments. In terms of Subsection (5) of Section 73 of the CGST Act, a person chargeable with tax may pay tax on self-ascertainment basis along with an interest, prior to issuance of any notice under Section 73(1) of the CGST Act. If the taxpayer makes any such payments, it would be absolved of the penalty payable under the provisions of the CGST Act. However, if the payments made fall short of the amount payable, the proper officer may proceed with issuance of notice under Section 73(1) of the CGST Act. Sub-sections (5), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the grounds relied upon in the said statement, except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen per cent of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. (6) The proper officer, on receipt of such information, shall not serve any notice under sub-section (1), in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te that although, the show cause notices indicate that the petitioner had deposited the tax and penalty on 29.07.2022, the quantum of proposed demand did not provide for any credit for the same. It is apparent that such show cause notices are in terms of Section 74(7) of the CGST Act inasmuch as they are not limited to the amount which falls short of the amount payable after accounting for the tax deposited. 14. Thus, the respondents have neither acknowledged the amounts deposited by the taxpayer on 29.07.2022 nor have they granted the benefit of the said deposit, while issuing the proposed demand under Section 74(7) of the CGST Act. 15. In Vallabh Textiles v. Senior Intelligence Officer & Ors.: 2022 SCC OnLine Del 4508, a Coordinate Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng documents in the Department on 08.08.2022. i) Stock register for the period 01.04.2022 to 20.07.2022. ii) Aging Chart. iii) sale & purchase bill of current F.Y. 2020-21 and 21-22. iv) Profit and loss statement of 2017-18, 2018-19, 2019-20, 20-21 and 21-22. v) Audited balance sheet of 2017-18,2018-19, 2019- 20 & 2020-21. 12. That in case any other documents are required, the same shall be provided as and when asked for. 13. That I made Purchase from the tax payer namely M/s Paras Enterprises(07BWWPD8654G2ZX), M/s Vihan Enterprises (07DCPPP1246D1ZK), M/s Gajraj Traders (07CIMPK4159E1Z4), M/s Hari Om Enterprises (07BEKPN6204G1ZJ) and M/s Jagdamba Enterprises (07BMZPT8632F1Z7) and M/ s RIDHI SIDHI ENTERPRIS ES (07BOGPG66 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
