Answer

GST

Penalty risk after DRC-01B

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  1. Facts

    Rule 88C itself provides for payment with interest or an explanation. Penalty arises only if the matter goes to a show cause notice under Sec 73, 74 or 74A.

  2. Provisions and law

    • Rule 88C, CGST Rules 2017If GSTR-1 tax exceeds GSTR-3B tax beyond the set limit, intimation in DRC-01B Part A; within 7 days pay through DRC-03 or explain in Part B
    • Sec 73(5), CGST Act 2017Tax and interest paid before a notice under Sec 73 means no penalty notice for that amount
    • Sec 74A, CGST Act 2017Demands for FY 2024-25 onwards; no penalty in non-fraud cases if paid before notice
  3. Analysis

    Paying a genuine shortfall with interest at the DRC-01B stage is the cheapest outcome. Sec 73(5) and Sec 74A(5) let you pay before a notice without penalty in non-fraud cases. Left unpaid, a notice can add penalty of 10 percent of tax or ₹10,000, whichever is higher.

  4. Conclusion

    1. Separate genuine shortfall from reporting errors.
    2. Pay the shortfall with interest now.
    3. Explain the rest with records.
    4. Keep proof in case of later scrutiny.

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