refund of amount deposited through DRC-03

[SUSHIL BANSAL]

Sir,

Our client deposited penalty u/s 74(8) through DRC-03 on dated 3.10.2023 (before assessment order) for F.Y 2018-19.However no penalty imposed in assessment order as we convinced the officer on the querry raised. So far DRC-04 has not been issued.Now we want to take refund of this amount. Experts plz guide

 

[Shilpi Jain]

Do apply for refund against the order which has not levied any penalty.

[SUSHIL BANSAL]

tysm shilpi ji for the quick response. 

AI Summary

Refund of penalty deposit - seek refund where assessment order does not impose the penalty and no recovery order exists. Where a penalty deposit was made via DRC-03 before the assessment order but the assessment order did not impose any penalty and no DRC-04 has been issued, the taxpayer should file a refund application against the assessment order to seek return of the deposited amount, relying on the absence of a recorded penalty in that order and applicable GST refund procedures.