Bonafide error in filing DRC-03 should be allowed to be rectified.
The taxpayer inadvertently entered incorrect financial year in DRC-03, but the Dept. was not accepting the said DRC-03. The taxpayer was left with no option but approach the Hon’ble High Court.
Hon’ble Bombay High Court in the case of M/s. Rajesh Real estate Developers Pvt Ltd. vs. Union of India (WP 3736 of 2024) have held that:
“Where assessee made bona fide error in Form DRC-03 regarding financial year for ITC reversal under new GST regime, causing no loss of revenue to government, Revenue Department was directed to permit assessee to amend forms to reflect correct financial year”.
It is a welcome judgement but looking at the subject matter, it feels pity that Hon’ble High Courts have to be deal with such issues which can be resolved at department level only.
Bonafide error in filing DRC-03 should be allowed to be rectified.