Answer

GST

Notice for tax shown in returns but not paid

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    Under Sec 75(12), self-assessed tax shown in a return but not paid can be recovered directly under Sec 79 without a show cause notice. Where there is a difference between GSTR-1 and GSTR-3B, the officer can treat the GSTR-1 tax as self-assessed.

  2. Provisions and law

    • Sec 75(12), CGST Act 2017Self-assessed tax shown in returns but not paid can be recovered directly under Sec 79
    • Sec 79, CGST Act 2017Recovery of dues, including from bank accounts and third parties
    • Rule 88C, CGST Rules 2017Intimation DRC-01B when GSTR-1 liability exceeds GSTR-3B liability beyond a limit
  3. Analysis

    If GSTR-1 shows tax of ₹1,80,000 and GSTR-3B paid ₹1,20,000, the ₹60,000 gap can be recovered directly. CBIC has said the officer should first give the taxpayer a chance to explain, such as through DRC-01B. Explain genuine differences quickly, and pay real shortfalls with interest.

  4. Conclusion

    1. Compare tax in GSTR-1 and GSTR-3B
    2. Explain genuine differences with documents
    3. Pay real shortfall with interest by DRC-03
    4. Respond to any DRC-01B or recovery notice at once

A Savvy can do this for you

Show cause notice under Sec 73, 74 or 74A and DRC-06 reply

Quote

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask