Answer

GST

Agreeing with DRC-01A and paying in full

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  1. Facts

    Pay the tax and interest (and any penalty applicable) through DRC-03 and inform the officer in Part B of DRC-01A. For non-fraud cases up to FY 2023-24, paying before the notice under Sec 73(5) means no penalty.

  2. Provisions and law

    • Sec 73(5), CGST Act 2017A person may pay tax with interest before a Sec 73 notice is issued and inform the officer; no penalty is then payable.
    • Rule 142(2), CGST Rules 2017A person paying tax, interest and penalty voluntarily or after an intimation informs the officer in DRC-03, and an acknowledgement issues in DRC-04.
    • Rule 142(1A), CGST Rules 2017Before a show cause notice, the officer may communicate the tax, interest and penalty ascertained in Part A of DRC-01A; the person may pay or give submissions in Part B.
  3. Analysis

    Suppose the intimation shows short payment of ₹60,000 for FY 2022-23 under Sec 73. Pay ₹60,000 plus 18 percent interest from the due dates through DRC-03, quoting the intimation, and then file Part B. You receive an acknowledgement in DRC-04. The officer should then not issue a notice for that amount.

  4. Conclusion

    1. Recompute tax and interest to confirm the figure.
    2. File DRC-03 choosing the intimation as cause and pay.
    3. Note the DRC-03 ARN.
    4. Fill Part B of DRC-01A with the payment details.
    5. Keep DRC-04 and the reply acknowledgement.

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Pre-show-cause intimation

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