Deficiency Memo Issued Again

[I Bhasin]

We filed our refund application for Refund in the month of August and were issued a Deficiency Memo on 14th Day citing reason - Supporting documents attached incomplete. However, we were unable to download or view the memo on portal so inquired by visiting the Tax Office as to what was the deficient document, because we had complied with all required documents as per the Circular 125 & 135. He informed us that we need to submit a Foreign Exchange Declaration, even though all our Inward payments were clear.

We filed the RFD-01 a fresh 2nd time with the declaration and to our surprise we were issued Deficiency Memo yet again for the same reason. This time also we are unable to view or download any Deficiency memo from the portal. We raised the ticket with helpdesk but they closed the ticket informing that the application was rejected for the same reason and we need to file a fresh.

This will go on and on if we are not informed about the deficiency actually mentioned in the memo raised.

Just wanted advice on how to handle this situation.

Thanks

[Ganeshan Kalyani]

Sir, in my view, you should visit your jurisdictional GST department and seek for the clarification.

[I Bhasin]

Mr Kalyani, Thanks for your response.

Well, we did approach the Jurisdiction office and even then we were issued a Deficiency memo 2nd time. Are we not entitled to get the RFD-03 uploaded on the portal?

[Shilpi Jain]

Sir please consider writing to the higher officials mentioning what has happened and requesting them to process application at the earliest. Continue this escalation process until it is resolved. This works wonders is what we have seen. Good luck!

[KASTURI SETHI]

You should not suffer because of technical fault in the functioning of Common Portal System. If you could not download Deficiency Memo, you could collect copy of the same from the office. You should meet the Commissioner and apprise him of what has actually happened and I hope your problem will be solved. Help desk should not close the complaint in this way. Here question arises why help desk officer and refund sanctioning officers are behaving in the same fashion. Follow the strategy of 'Politeness ' while dealing with the Govt.officers.

[SHARAD ANADA]

Refer Para 11 of Circular No. 125/44/2019 - GST Dated the 18th November, 2019

11. It is further clarified that once an application has been submitted afresh, pursuant to a deficiency memo, the proper officer will not serve another deficiency memo with respect to the application for the same period, unless the deficiencies pointed out in the original deficiency memo remain un-rectified, either wholly or partly, or any other substantive deficiency is noticed subsequently

[I Bhasin]

Thanks Ms Jain,

We would certainly escalate this to higher officials considering your valuable suggestion.

[I Bhasin]

Thanks a lot Mr Sethi,

Yes, we agree that the helpdesk and sanctioning officer are behaving in the same way. I did visit the officer with the request letter to provide us the Deficiency Memo in hard copy 2 days back. He refused to acknowledge the request letter or issue DM in hardcopy. Just verbally informed us that our application was rejected because 2A we uploaded alongwith application was not exactly like the downloaded from portal. We had submitted the same 2A with our application the 1st time, but then the deficiency of Undertaking was pointed out. It seems its an ongoing process until we are not issued a deficiency memo in hard copy.

Anyways, thanks for your valuable advice.

[I Bhasin]

Thanks Mr Sharad for your suggestion.

[I Bhasin]

We filed RFD-01 once again on 28/09/2020 and to our surprise today (16th Day), again we are issued a Deficiency Memo with reason - Supporting document not attached & Remarks - uploaded edited and illegible GSTR 2A.

We provided the GSTR -2A as per their requirement downloaded from the portal because they wanted in the same format. If anything was by any chance illegible the same is available on portal at their end also to cross check.

This is the treatment an MSME is extended.