New rule 97A has been added wide Notification No 55 – Central Tax for processing of refunds manually in Chapter X after Rule No 97. As per Rule 97A, for refunds processing or procedure, including the manual filing of the refund application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”
The proper officer will prepare a list of the movable and immovable property of the defaulter along with estimating the value of the property basis of the market value and issue the same in FORM GST DRC – 16.
The concerned officer has to issue a notice in FORM GST DRC-13 to the third person as per clause (c) of sub-section (1) of section 79 for recovery of tax amounts of the defaulted taxpayer from whom the amount is due or payable by the third person.
The concerned officer has to issue a notice in FORM GST DRC-10 for the auction of the goods for default in the payment of taxes by the taxpayer indicating the reasons for auction and the details of the goods.
After the issue of notice / order by the concerned taxpayer for the recovery of duty and the taxpayer defaults the same, then as per (b) of sub-section (1) of section 79, the officer can sell the goods of the defaulted taxpayer after preparing the list of such goods and selling it in the market and also recover the costs incurred for selling the same.
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.
When the concerned officer issues notice to the taxable person for not paying or short payment of tax or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts to evade tax, if the taxable person pays the interest @ 18% and penalty @25% and intimates the concerned officer in FORM GST DRC-03, then the concerned officer will shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice.
On payment of penalty and interest on a voluntary basis by the taxpayer before the issue of notice by the concerned tax officer in FORM GST DRC-01, the tax officer will not issue the notice and he will acknowledge the payment of interest and penalty in FORM GST DRC-04.
As per sub-section 1 of Section 74 of the CGST Act, the concerned officer will service the notice electronically in FORM GST DRC-01 to the taxpayer where it appears to the tax officer that tax is not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts to evade tax.