GST
Payment asked during a search
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Facts
Any payment should be voluntary and made after you understand the issue. Payments made under pressure during a search are hard to recover later.
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 67, CGST Act 2017Power of inspection, search and seizure
Analysis
DRC-03 is a voluntary payment form. CBIC has told officers not to force recovery during search, and the kit's problem bank notes taxpayers who paid under pressure later seeking refunds. Example: officers ask for ₹10 lakh on the spot; ask for the issues in writing, take advice, and pay what you accept later through DRC-03 under Investigation. If you do pay, note in writing that it was under protest.
Conclusion
- Stay calm and cooperate with the search.
- Ask for the issues in writing.
- Do not sign blank or pre-filled DRC-03 forms.
- Take advice before paying.
- If you pay, record that it was under protest.
Payment during a search is often treated as admission later, so be careful.
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Voluntary payment, DRC-03, and linking to demand, DRC-03A
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