GST
DRC-01A due to a clerical error in books
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Facts
If the returns and payments were correct and only the books had a clerical error, explain it with a month-wise reconciliation of books, GSTR-3B and payments. Sec 160 also says proceedings are not invalid for mere mistakes, and real liability is what matters.
Provisions and law
- 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.
- Sec 160, CGST Act 2017Proceedings are not invalid merely because of a mistake, defect or omission if they conform to the purpose of the Act.
Analysis
Show the entry in the books, the correct tax as per the invoice, and the return figure. Attach sample invoices and a corrected ledger. Ask the officer to drop the proposal since no tax was short paid. A clear explanation at this stage usually avoids a notice.
Conclusion
- Identify the wrong entry and the period.
- Prepare corrected ledgers and sample invoices.
- Show month-wise that returns and payments were right.
- File Part B asking for the proposal to be dropped.
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Pre-show-cause intimation
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