Answer

GST

Payment asked during a search

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  1. 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.

  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 67, CGST Act 2017Power of inspection, search and seizure
  3. 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.

  4. Conclusion

    1. Stay calm and cooperate with the search.
    2. Ask for the issues in writing.
    3. Do not sign blank or pre-filled DRC-03 forms.
    4. Take advice before paying.
    5. 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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