Master in Accounts & high court Advocate
9615 Points
Posted on 10 May 2025
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].