Demand of any tax, interest or penalty cannot be made only on basis of Form DRC-07
CA Pranav Mehta
Recently, the Hon’ble High Court of Jharkhand in the case of Shree Ram Agrotech Vs State of Jharkhand,
[2023] 152 taxmann.com 82 (Jharkhand) has that in absence of detailed adjudication order, as required
under section 73 (9), petitioner was not liable to pay any tax, interest or penalty only on basis of Form
DRC-07.
Facts of the case:
The petitioner is engaged in the business of trading of ferrous waste and scrap, iron, steel, ingots and
other metal articles.
On 19.01.2021, the petitioner received a recovery notice issued by the GST department. The said recovery
notice was captioned as reminder for recovery of alleged demand of Rs. 8,04,134/- based on the alleged
demand order, having no. 1899 dated 19.01.2019, and based.......