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WHETHER ITC REVERSAL TH. GSTR 3B OR DRC03

Others 1429 views 2 replies

Dear Sir / Mam

Please let me know some favorable case or points in case impugned order passed in case of Excess ITC claimed in 19-20 and reversed in March 2021 after due date through GSTR-3B. Proper officer passed the order stating that ITC should be reversed through DRC-03 with interest instead of GSTR 3B

 

Regards

Anil Tomar

Replies (2)
Quick Summary
Excess ITC reversed voluntarily in GSTR-3B after the due date can still be a valid mode of reversal. Authorities sometimes prefer DRC-03 for payment against demand, but law does not restrict ITC reversal only to DRC-03. Interest applicability depends on timing and nature of reversal before or after demand.

Here are some favorable points that can be considered in your case: - Reversal of excess ITC was done voluntarily in March 2021 through GSTR-3B, demonstrating good faith and compliance. - The reversal was done before any show-cause notice or demand was issued by the department. - GSTR-3B is a valid return for reversing ITC, as per the GST Act and Rules. - DRC-03 is typically used for making payments towards pending demands, whereas GSTR-3B is used for reporting and paying tax liabilities, including ITC reversals. - Interest liability may not arise if the reversal is done voluntarily and before any demand is made. - The proper officer's order may be challenged if it is not in line with the GST provisions and procedures. Please consult a tax professional or expert to strengthen your case and effectively represent your position.

 

 Additionally, consider the following: - Verify if the proper officer's order is based on any specific GST provisions or court rulings. -

Ensure you have documentation to support the voluntary reversal of excess ITC. - Prepare a detailed submission explaining your position and the relevant GST 

Thank You Sir

here is the Proper officer wording in order passed "the taxpayer has deposited/reversed demand tax in March 2021 which is beyond the limitation period and moreover it has been paid  through GSTR-3B instead of DRC-03"

I dont think that order is based on any specific GST provisions or court rulings. -

Regards
Anil Tomar

 


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