As per Section 171 of the CGST Act, any reduction in the tax rate or additional benefit of the input tax credit has to be passed to the recipient under Anti-Profiteering.
An appeal against the advance ruling issued under sub-section (6) of section 98 shall be made by an applicant on the common portal in FORM GST ARA-02 and shall be accompanied by a fee of ten thousand rupees to be deposited as specified in section 49 of the CGST Act 2017.
As per Notification No 44/2017-Central Tax,dt. 13-10-2017 , the taxpayers who are eligible to take input tax credit basis on sub-section of section 18 of the CGST Act 2017, who have taken registration during the month of July, August and September 2017, the last date for filing of FORM GST ITC-01 is extended up to 31st Oct 2017.
As per section 79, subsection 1 clause c(i), the concerned office can issue a notice to any other person from whom the amount is due or becomes payable or to paid to the defaulted taxpayer, asking the said person to pay such amount to the government and not to the defaulted taxpayer.
When a notice is issued in FORM GST DRC- 01 to the taxpayer for non-payment of tax or short payment of tax or input tax credit utilized wrongly or availed wrongly or refund is issued erroneously by the concerned tax officer and the taxpayer does not pay the same, he is termed as defaulter and the concerned tax officer can issue FORM GST DRC-09 for recovery of the amount due to the defaulter from the department as per clause (a) of sub-section (1) of section 79 the CGST Act.
The concerned tax officer who has issued notice in FORM GST DRC-01 to the taxpayer for non-payment of tax or short payment of tax or availed input tax credit wrongly or utilized input tax credit wrongly or refund issued erroneously, the order can be rectified within 6 months and the rectifications are as per the provisions of section 161 of the CGST Act, has to issue FORM GST DRC-08 to the taxpayer.
The taxpayer can give a representation in FORM GST DRC-06 under Sub-section 9, Section 74 of CGST Act 2017 for the Show Cause Notice issued on the grounds for tax not paid or short paid or availed input tax credit wrongly or for refund issued erroneously.