Vendor filed all purchase bills from 2017 to 2022 in B2C instead B2B. Wrongly entered my GST number

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As my GST wrongly entered instead 15 digit vendor entered 14 digit only. Since 2017 all purchase bills input not taken by me. When I asked vendor regarding input they said that they paid GST in B2C rather in B2B. Now sales tax commissioner asked about the differences, I clearly explained the same to sales tax commissioner in 2022 and they asked to pay 7 lakhs. I paid some amount in DRC-3 for corresponding years. And they gave me clearance in 2022.

Again in 2023 october another DCTO serverd notices regarding same input difference. I explained DCTO what exactly happened. Now DCTO IS saying that they won't accept B2C input paid. Again asking me to pay all 2017-2022 input tax, interest, penalty. They are going against my properties. Please suggest sir what is exact justice. Shall I pay for the mistake which I didn't do. Or as once paid shall I pay again sir?

Kindly suggest me sir

 

Replies (4)

Understanding the Situation You faced an issue with GST input due to a wrongly entered vendor GSTIN, which resulted in a mismatch.

Despite explaining the situation to the sales tax commissioner in 2022 and paying some amount in DRC-3, you're now facing another notice from the DCTO for the same issue.

Key Points to Consider - *Previous Settlement*: You had already settled the issue with the sales tax commissioner in 2022 and received clearance. -

 *Current Notice*: The DCTO is now asking you to pay the entire amount again, despite your explanation. - *B2C vs. B2B*:

The vendor claimed to have paid GST in B2C instead of B2B, which might be a crucial point in your favor.

 Possible Course of Action 1.

*File a Detailed Response*: Submit a comprehensive response to the DCTO, explaining the entire situation, including the previous settlement and the vendor's claim about paying GST in B2C.

 2. *Provide Supporting Documents*: Attach all relevant documents, including the previous clearance certificate, DRC-3 payment details, and any communication with the vendor. 3.

 *Seek Professional Help*: Consider consulting a tax professional or advocate to help you navigate this situation and ensure you're taking the right steps.

 4. *Protect Your Rights*: If the DCTO continues to pursue action against you, you may need to explore options like filing an appeal or seeking protection from the higher authorities

Justice and Fairness It's essential to ensure that you're not unfairly penalized for a mistake that wasn't entirely yours.

 If you've already paid some amount and received clearance, it's reasonable to expect that the matter would be considered settled.

You may want to emphasize this point in your response to the DCTO and seek a fair resolution .

Understanding the Situation You faced an issue with GST input due to a wrongly entered vendor GSTIN, which resulted in a mismatch.

Despite explaining the situation to the sales tax commissioner in 2022 and paying some amount in DRC-3, you're now facing another notice from the DCTO for the same issue.

Key Points to Consider - *Previous Settlement*: You had already settled the issue with the sales tax commissioner in 2022 and received clearance. -

 *Current Notice*: The DCTO is now asking you to pay the entire amount again, despite your explanation. - *B2C vs. B2B*:

The vendor claimed to have paid GST in B2C instead of B2B, which might be a crucial point in your favor.

 Possible Course of Action 1.

*File a Detailed Response*: Submit a comprehensive response to the DCTO, explaining the entire situation, including the previous settlement and the vendor's claim about paying GST in B2C.

 2. *Provide Supporting Documents*: Attach all relevant documents, including the previous clearance certificate, DRC-3 payment details, and any communication with the vendor. 3.

 *Seek Professional Help*: Consider consulting a tax professional or advocate to help you navigate this situation and ensure you're taking the right steps.

 4. *Protect Your Rights*: If the DCTO continues to pursue action against you, you may need to explore options like filing an appeal or seeking protection from the higher authorities

Justice and Fairness It's essential to ensure that you're not unfairly penalized for a mistake that wasn't entirely yours.

 If you've already paid some amount and received clearance, it's reasonable to expect that the matter would be considered settled.

You may want to emphasize this point in your response to the DCTO and seek a fair resolution .

Thank you sir for your support. Here DCTO not at all considering about previous orders, he just saying it is not my order and I won't consider it.

He asking to pay all amount of 20 lakh or go to Appeal. The person who gave clearance to me in 2022 he is now CTO for our division. DCTO under CTO itself doing all this sir. 

They blocked my Bank accounts and they are now going against my personal properties house and shop. They are trying to give notice to House sir

 it seems like you're facing a challenging situation with the Deputy Commissioner of Trade Tax (DCTO) not considering previous orders and demanding payment of ₹20 lakh or appealing. Let's break down the key points:

Previous Orders -

*Non-consideration*: The DCTO is not considering the previous orders, which might have implications for your case. -

*Change in Officer's Stance*: The person who gave clearance in 2022 is now the Commissioner of Trade Tax (CTO), but the DCTO under the same CTO is taking a different stance.

Current Situation - *Blocked Bank Accounts*: Your bank accounts have been blocked, and the DCTO is proceeding against your personal properties, including your house and shop.

- *Notice to House*: The DCTO is attempting to issue a notice to your house.

Next Steps - *Seek Legal Counsel*: Consult with a lawyer or tax professional who can help you navigate this situation and provide guidance on the best course of action. -

*Appeal*: Consider filing an appeal against the DCTO's order, as suggested by the officer. -

*Representation*: Ensure that your lawyer represents you in all interactions with the tax authorities. Importance of Documentation - 

*Maintain Records*: Keep detailed records of all correspondence, orders, and notices received from the tax authorities. - 

*Evidence*: Gather evidence to support your case, including documentation of previous orders and clearance.

 By taking a strategic approach and seeking professional guidance, you can address the DCTO's demands and work towards resolving the issue .


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