Query related to order u/s 73

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..... Query related to order u/s 73
Query (Issue) Started By: - YUWRAJ KOTHARI Dated:- 11-2-2025 Last Reply Date:- 12-2-2025 Goods and Services Tax - GST
Got 4 Replies
GST
In a case where order u/s 73 has been passed wherein the + interest + Penalty is levied, some wrong credit of IGST is taken in the 1st Quarter of GST. This wrongful credit was utilised by mistake which was reversed at the .....

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..... time of GST Audit as per CA's, advise. Meanwhile every month GST liability as per GSTR-3B was paid/deposited which is reflected in cash Ledger. However this cash ledger amount remained to be debited towards GST dues. The accumulated balance was reversed / debited at the time of reversal of wrongful IGST credit: Against the order the RTP preferred appeal by paying 10% of tax dues. Query is: 1 .....

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..... . If there are no tax dues payable Whether Amnesty benefit can be availed. 2.10%. deposit amount paid whether can be claimed by way refund/ otherwise credit. Reply By KASTURI SETHI: The Reply: Q.No.1. If there are no tax dues payable Whether Amnesty benefit can be availed. ? Reply : YES. Q. No.2.10%. deposit amount paid whether can be claimed by way refund/ otherwise credit.? Reply : YES. P .....

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..... re-deposit is an amount and NOT tax. Pre-deposit amount is meant for right of filing an appeal. If the appeal is withdrawn, such amount can be claimed as refund. Hence the Amnesty Scheme is not a hurdle in getting refund of pre-deposit amount. Pre-deposit is out of the scope of 'tax'. Reply By KASTURI SETHI: The Reply: Full demanded tax must have been paid on or before the notified date. .....

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..... Reply By Shilpi Jain: The Reply: As per recent instruction, such notice is eligible for the amnesty scheme. Further, note that in case of a mere penalty notice (other than s. 129), no pre-deposit is required. Reply By YUWRAJ KOTHARI: The Reply: Shri Kasturi Sir, To clarify here: Tax dues shall be modified to NIL, by Appeal authority (AA) considering the reversal at later stage. And as per .....

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..... AA deposit amount will be adjusted against interest dues. Ultimately against such order whether Amnesty benefit can be taken? Thanking you for quick replies.
Discussion Forum - Knowledge Sharing .....

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