Answer

GST

DRC-01A issued but no notice followed in time

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  1. Facts

    DRC-01A does not extend the time limit for a show cause notice. If the notice was not issued within the time under Sec 73, 74 or 74A, a later notice is time barred.

  2. Provisions and law

    • Rule 142(1A), CGST Rules 2017Before a show cause notice, the officer may communicate tax, interest and penalty ascertained in Part A of DRC-01A
    • Sec 73(2), CGST Act 2017Notice at least 3 months before the time limit for the order
    • Sec 73(10), CGST Act 2017Order within 3 years from the due date of the annual return
  3. Analysis

    Compute the notice deadline for the year. If it has passed, any notice now can be challenged as time barred. Keep the DRC-01A and your reply as part of the record.

  4. Conclusion

    1. Find the year and annual return due date.
    2. Compute the notice deadline.
    3. If a late notice comes, raise limitation first.
    4. Keep the DRC-01A papers.

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