Answer

GST

Part payments against a show cause notice

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  1. Facts

    Yes. You can pay part or all of the SCN amount, and file more than one DRC-03 until the order or closure.

  2. Provisions and law

    • Rule 142(2) and (3), CGST Rules 2017Payment before or after a notice is intimated in DRC-03; the officer acknowledges it in DRC-04
    • Sec 73(8), CGST Act 2017Pay tax and interest within 30 days of the notice; no penalty and proceedings close
  3. Analysis

    The DRC-03 manual says multiple DRC-03s can be filed against an SCN until the DRC-07 order, DRC-05 conclusion or case closure. Paying the part you accept reduces interest. Example: SCN for ₹5 lakh on three issues; you accept one issue worth ₹1.2 lakh and pay it now, and contest the rest in your reply.

  4. Conclusion

    1. Decide which part you accept.
    2. File DRC-03 against the SCN for that part.
    3. Mention the payment in your DRC-06 reply.
    4. Contest the rest on merits.

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