https://www.taxtmi.com/caselaws?id=441712 HC held that amounts collected during investigation without issuance of show cause notice under Section 74(1) of the GST Act cannot be retained by the revenue in absence of crystallised liability. The deposits made through GST DRC-03 were not treated as voluntary self-ascertainment under Section 74(5), since the assessees promptly sought refund, negating any unconditional self-assessment. Section 74(5) was clarified not to authorize advance tax collection pending adjudication. As no demand or final determination existed, retention violated the statutory scheme and principles akin to Article 265. HC issued mandamus directing refund of the entire amounts with 6% interest per annum from dates of deposit until realization, allowing the petitions. en-us Thu, 27 Jul 2023 00:00:00 +0530 Mon, 15 Dec 2025 14:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441712 HC held that amounts collected during investigation without issuance of show cause notice under Section 74(1) of the GST Act cannot be retained by the revenue in absence of crystallised liability. The deposits made through GST DRC-03 were not treated as voluntary self-ascertainment under Section 74(5), since the assessees promptly sought refund, negating any unconditional self-assessment. Section 74(5) was clarified not to authorize advance tax collection pending adjudication. As no demand or final determination existed, retention violated the statutory scheme and principles akin to Article 265. HC issued mandamus directing refund of the entire amounts with 6% interest per annum from dates of deposit until realization, allowing the petitions. Case-Laws GST Thu, 27 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441712