TMI Blog2024 (3) TMI 1268X X X X Extracts X X X X X X X X Extracts X X X X ..... ch intimation under Section 74(5) of the Act of 2017 is issued in Form GST DRC-01A read with Rule 142(1A) upon the assessee/taxpayer containing the communication of details of any tax, interest and penalty chargeable upon the person under sub-section (1) of Section 73 or sub-section (1) of Section 74. This intimation is in Part A of Form GST DRC-01A. Petitioner has not enclosed any notice indicating initiation of proceedings under Section 74(1) for wrongful availment of ITC by the proper officer, if the petitioner has not paid or short paid or erroneously refunded or wrongly availed ITC or utilized it by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax - as per the scheme of Section 74(1), particularly provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n against him as per provisions of law. 3. Petitioner in so many paragraphs of the writ petition has contended that the statement showing invoice numbers with relevant details of invoice value, taxable value, CGST, SGST paid and filing date and period of GSTR-1/5 pertaining to these transactions with respondent No. 4 are annexed as Annexure-2. The details of Form GSTR-2B of respondent No. 4 is also available on the CGST portal. Petitioner has also reflected the details of his transactions strictly in tune with Rule 61(5) of the CGST Rules in Form GSTR-3B for the month of September, 2023 [Annexure-4]. Apparently, for the reason that respondent No. 4, who is the selling dealer, has not deposited the tax paid by the petitioner, the impugned no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtha Datta, learned counsel for the CGST, has strongly opposed the prayer. He submits that the instant notice is in the nature of an intimation under Section 74(5) of the Act of 2017 to enable the assessee/registered taxpayer to deposit or reverse the ineligible ITC along with interest and penalty before any formal proceeding under Section 74(1) is initiated for fraudulently availing inadmissible ITC. The petitioner is supposed to either make payment of the amount or reverse the ineligible ITC with interest and penalty or to make his submissions in Part B of the requisite Form GST DRC-01A in terms of Rule 142(2A) so that the assessing authority can examine whether the petitioner has voluntarily deposited the tax dues or reversed the ineligi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice indicating initiation of proceedings under Section 74(1) for wrongful availment of ITC by the proper officer, if the petitioner has not paid or short paid or erroneously refunded or wrongly availed ITC or utilized it by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax. Learned counsel for the respondent-CGST has also submitted that the impugned notice is in the nature of an intimation to the petitioner to reverse the ineligible ITC along with interest and penalty as ascertained before any proceedings are initiated under Section 74(1) of the Act of 2017. In such circumstances, as per the scheme of Section 74(1), particularly provisions of Section 74(5) read with Rule 142 (1A) and 142 (2A), petitioner bei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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