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DRC-01 Demand Notice for filing GSTR-9 Wrongly

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Hello,

I self file GST returns, I filed GSTR-9 erroneously for FY 21-22 without expert knowledge & not filling ITC values, thinking its mandatory even though my turn over is less than 2 crores.

Now, GST officer sent notice under DRC-01 with excess ITC claimed tax demand payment,  solely based on this GSTR-9 return and demanding that I claimed excess tax credit in GSTR-3B as its not matching with GSTR-9.

Does this demand legally valid? As per GST notification this return is not mandatory for me. 

How to reply to this notice? Please, advice.

Replies (3)

The situation you're facing involves a notice under DRC-01 for excess ITC claimed, based on discrepancies between GSTR-3B and GSTR-9. Given that your turnover is less than ₹2 crores and GSTR-9 is not mandatory for you, here's how to approach this: Validity of Demand -

*Non-Mandatory Return*: Since GSTR-9 is not mandatory for taxpayers with aggregate turnover below ₹2 crores, the demand based solely on this return may not be legally valid. -

 *GSTR-3B Prevails*: GSTR-3B is the primary return for monthly tax liability, and ITC claims should be based on this return.

Reply to Notice

1. *Acknowledge the Notice*: Respond to the notice, acknowledging the demand and explaining the situation. 

2. *Explain Non-Mandatory GSTR-9*: Clarify that GSTR-9 is not mandatory for taxpayers with turnover below ₹2 crores and that GSTR-3B is the primary return for tax liability.

 3. *Provide Correct Information*: Submit the correct information based on GSTR-3B, highlighting the ITC claims and tax liability. .

4. 

*Request Reconsideration*: Request the GST officer to reconsider the demand based on GSTR-3B. Supporting Documents - 

*Turnover Proof*: Provide proof of turnover below ₹2 crores for the relevant financial year. - *GSTR-3B Returns*: Submit copies of GSTR-3B returns filed for the relevant period. Additional Advice - 

*Consult a GST Expert*: Consider consulting a GST expert or a chartered accountant to ensure a proper response and to avoid any potential issues. -

 *Timely Response*: Respond to the notice within the specified timeframe to avoid any further complications. By following these steps, you can effectively respond to the notice and potentially resolve the issue [1].

I have replied to the claim as per your suggestions but the GST officer didn't accept the legality of GSTR-9 if turnover is less than 2 crores & issued show cause notice.

They are still demanding the ITC difference based soley on GSTR-9 and asking for supporting documents etc.

The ITC claimed is less than the ITC available in GSTR-2B but still GST Officer is not considering it.

A DRC-01 is the formal GST demand for the tax shortfall the department found by comparing your GSTR-9 against GSTR-1 and GSTR-3B. You have 30 days from the notice date to act: if you agree with the amount, pay the tax and interest via DRC-03 and no penalty applies under Section 73(8).

 If the demand looks wrong, file a reply in DRC-06 with supporting documents explaining the discrepancy. Either way, do not ignore the 30-day window as missing it brings a 10-15% penalty on top.


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