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Mismatch between outward supplies and the return may support recovery of self-assessed tax only if the prescribed procedure is followed. The Court noted that the explanation to Section 75(12) does not create any additional liability beyond the mismatch already reflected under Sections 37 and 39. However, where recovery is pursued on that basis, the Proper Officer must first issue the prescribed intimation in FORM GST DRC-01B under Rule 88C and allow the registered person to pay the differential tax or explain the discrepancy. As no such intimation was issued, recovery through the garnishee notice under Section 79 was unsustainable and was set aside.
Mismatch between outward supplies and the return may support recovery of self-assessed tax only if the prescribed procedure is followed. The Court noted that the explanation to Section 75(12) does not create any additional liability beyond the mismatch already reflected under Sections 37 and 39. However, where recovery is pursued on that basis, the Proper Officer must first issue the prescribed intimation in FORM GST DRC-01B under Rule 88C and allow the registered person to pay the differential tax or explain the discrepancy. As no such intimation was issued, recovery through the garnishee notice under Section 79 was unsustainable and was set aside.
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