Contents
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Para |
Topics |
Section/Rules/N/C/O |
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Purpose of Section 129 |
Section 122(1)(ix) |
129.1 PO shall serve DRC-01/02 along with notice issued
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Rule 142(1) (1) The proper officer shall serve , along with the
(a) notice issued u/s 52 [Collection of tax at source by ECO] or 73 or 74A] or 76 or 122 or 123 or 124 or 125 or 127 or 129 or 130, a summary thereof in GST DRC-01,
(b) statement u/s 73(3) or 74A(3)], a summary thereof in GST DRC-02,
specifying therein the details of the amount payable. |
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PO may communicate details of tax, interest and penalty in DRC-01A before issue of notice
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The [4][proper officer may], before service of notice to the person u/s 73(1) or 74(1) [5][or 74A(1)], [6][communicate] the details of any tax, interest and penalty as ascertained by the said officer, in Part A of FORM GST DRC-01A.] |
Payment of interest, tax etc in DRC-03 before service of notice and ack in DRC-04
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Where, before the service of notice or statement, person makes payment of the tax and interest in accordance with section 73(5) [8][or 74A(8)(i), or section 74(5) or 74A(9)(i)], or person makes payment of tax, interest, penalty or any other amount due in accordance with the provisions of the Act [9][whether on his own ascertainment or, as communicated by the PO u/sr (1A)] [10][he shall inform the PO of such payment in GST DRC-03 and an acknowledgement, in GST DRC–04 shall be made available to the person electronically] |
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Where the person referred to in sub-rule (1A) has made partial payment of the amount communicated to him or desires to file any submissions against the proposed liability, he may make such submission in Part B of GST DRC-01A [12][, and thereafter the proper officer may issue an intimation in Part-C of FORM GST DRC-01A, accepting the payment or the submissions or both, as the case may be, made by the said person.]] |
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Where an amount of tax, interest, penalty or any other amount payable by a person u/s 52 or 73 or 74 or [14][or 74A] or 76 or 122 or 123 or 124 or 125 or 127 or 129 or 130, has been paid by the said person through an intimation in GST DRC-03 u/sr (2), instead of crediting the said amount in the electronic liability register in GST PMT–01 against the debit entry created for the said demand, the said person may file an application in GST DRC-03A electronically, and the amount so paid and intimated through GST DRC-03 shall be credited in Electronic Liability Register in GST PMT–01 against the debit entry created for the said demand, as if the said payment was made towards the said demand on the date of such intimation made through GST DRC-03. Provided that where an order in FORM GST DRC-05 has been issued in terms of sub-rule (3) concluding the proceedings, in respect of the payment of an amount in FORM GST DRC-03, an application in FORM GST DRC-03A cannot be filed by the said person in respect of the said payment.] |
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Where the person chargeable with tax makes payment of tax and interest u/s 73(8) or 74A(8)(ii) or tax, interest and penalty u/s 74(8) or 74A(9)(ii) within the period specified therein or where the person concerned makes payment of the amount referred to in section 129(1) within 7 days of the notice issued u/s 29(3) but before the issuance of order u/s 29(3), he shall intimate PO of such payment in GST DRC-03 and PO shall issue an intimation in FORM GST DRC-05 concluding the proceedings in respect of the said notice.] |
Reply in DRC-06
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The representation referred to in section 73(9) or 74(9) [17][or 74A(6)] or 76(3) or the reply to any notice issued under any section whose summary has been uploaded in GST DRC-01 shall be furnished in FORM GST DRC-06. |
[1] Words inserted by Rule 13(a)(i) of The CGST(2nd A)R, 2024 vide Notification No. 20/2024-Central Tax. dt. 08-10-2024 wef 01-11-2024.
[2] Words inserted by Rule 13(a)(ii) of The CGST(2nd A)R, 2024 vide Notification No. 20/2024-Central Tax. dt. 08-10-2024 wef 01-11-2024.
[3] Sub-rule inserted by Rule 9(a) of The CGST(6th A)R, 2019 vide Notification No. 49/2019-Central Tax dt. 09-10-2019 wef 01-07-2017.
[4] Substituted for words “proper officer shall” by Rule 6(i) of CGST(12th A)R, 2020 vide Notification No. 79/2020-Central Tax dt. 15-10-2020.
[5] Words inserted by Rule 13(b) of The CGST(2nd A)R, 2024 vide Notification No. 20/2024-Central Tax. dt. 08-10-2024 wef 01-11-2024.
[6] Substituted for words “shall communicate” by Rule 6(ii) of CGST(12th A)R, 2020 vide Notification No. 79/2020-Central Tax dt. 15-10-2020.
[7] Sub-rule inserted by Rule 9(a) of The CGST(6th A)R, 2019 vide Notification No. 49/2019-Central Tax dt. 09-10-2019 wef 01-07-2017.
[8] Substituted for words “or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74” by Rule 13(c) of The CGST(2nd A)R, 2024 vide Notification No. 20/2024-Central Tax. dt. 08-10-2024 wef 01-11-2024.
[9] Words inserted by Rule 9(b) of The CGST(6th A)R, 2019 vide Notification No. 49/2019-Central Tax dt. 09-10-2019.
[10] Substituted for words “he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC– 04” by Rule 25(i) of The CGSTR(A), 2024 vide Notification No. 12/2024-Central Tax dt. 10-07-2024.
[11] Sub-rule inserted by Rule 9(c) of The CGST(6th A)R, 2019 vide Notification No. 49/2019-Central Tax dt. 09-10-2019.
[12] Words inserted by Rule 25(ii) of The CGSTR(A), 2024 vide Notification No. 12/2024-Central Tax dt. 10-07-2024.
[13] Subrule inserted by Rule 25(iii) of The CGSTR(A), 2024 vide Notification No. 12/2024-Central Tax dt. 10-07-2024.
[14] Words inserted by Rule 13(d) of The CGST(2nd A)R, 2024 vide Notification No. 20/2024-Central Tax. dt. 08-10-2024 wef 01-11-2024.
[15] Subrule substituted by Rule 13(e) of The CGST(2nd A)R, 2024 vide Notification No. 20/2024-Central Tax. dt. 08-10-2024 wef 01-11-2024. Earlier it read as