Answer

GST

What happens if DRC-01A is ignored

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  1. Facts

    The officer will usually issue a show cause notice in DRC-01 with the same amount, and the chance to settle without or with lower penalty may be lost.

  2. Provisions and law

    • Rule 142(1A), CGST Rules 2017Before a show cause notice, the officer may communicate the tax, interest and penalty ascertained in Part A of DRC-01A; the person may pay or give submissions in Part B.
    • Sec 73(5), CGST Act 2017A person may pay tax with interest before a Sec 73 notice is issued and inform the officer; no penalty is then payable.
    • Sec 74A(8), CGST Act 2017Under Sec 74A, paying tax and interest before the notice means no penalty in non-fraud cases; in fraud cases a 15 percent penalty is also paid.
  3. Analysis

    Ignoring it does not stop the case. After a notice, penalties under Sec 74A or 74 increase, and under Sec 73 a penalty applies unless paid within 30 days of the notice. You can still reply to the notice on merits, but the record shows you did not cooperate earlier. Even a short reply is better than none.

  4. Conclusion

    1. Do not ignore the intimation.
    2. File at least a short reply asking for time.
    3. Pay any clearly correct amount early.
    4. Prepare for a possible show cause notice.

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Pre-show-cause intimation

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