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    <title>2026 (7) TMI 313 - RAJASTHAN HIGH COURT</title>
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    <description>Payment through Form GST DRC-03 during search proceedings was held not to be voluntary under Section 74(5) because the deposit was made amid departmental enquiry, no notice under Section 74(1) had been issued, no prior independent ascertainment of liability was shown, and the taxpayer promptly disputed coercion. The absence of Form GST DRC-04 was not conclusive, but it supported the factual inference that the payment was not a true self-ascertained discharge. The retained amount could not therefore be sustained, and refund was warranted. Interest on the refunded amount was not granted at this stage.</description>
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      <description>Payment through Form GST DRC-03 during search proceedings was held not to be voluntary under Section 74(5) because the deposit was made amid departmental enquiry, no notice under Section 74(1) had been issued, no prior independent ascertainment of liability was shown, and the taxpayer promptly disputed coercion. The absence of Form GST DRC-04 was not conclusive, but it supported the factual inference that the payment was not a true self-ascertained discharge. The retained amount could not therefore be sustained, and refund was warranted. Interest on the refunded amount was not granted at this stage.</description>
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