Notices · GST
The officer has worked out tax he says you owe, and is telling you before a show cause notice. Paying now costs no penalty in most cases; objecting in Part B puts your side on record first.
Quick Statutory Answer
Form GST DRC-01A is an intimation under rule 142(1A) of the CGST Rules: before serving a show cause notice under section 73, 74 or 74A of the CGST Act, the proper officer may communicate the tax, interest and penalty he has ascertained, in Part A of the form. You can pay through Form DRC-03, pay part and object to the rest, or object to all of it, in Part B; since 10 July 2024 the officer may accept the payment or submissions in Part C. Paying the tax and interest before the notice means no notice for the amount paid and, in a non-fraud case, no penalty (sections 73(5) and 74A(8)); where fraud or suppression is alleged the penalty is 15% of the tax (sections 74(5) and 74A(9)).
| What | For this notice |
|---|---|
| Sent by | The GST proper officer, before a show cause notice |
| Under | Rule 142(1A) and (2A), CGST Rules; sections 73, 74 and 74A, CGST Act |
| Reply in | Part B of Form DRC-01A on the GST portal, and payment through Form DRC-03 |
| Deadline | The date given in the intimation |
| If ignored | A show cause notice under section 73, 74 or 74A, summarised in Form DRC-01 |
A fill-in format: replace every [bracket] with your own facts and delete what does not apply. Copy it, or download it in Word, free.
From
[Legal name of the business] GSTIN: [GSTIN] [Principal place of business]
Date: [DD/MM/YYYY]
To
The Proper Officer [Designation, e.g. State Tax Officer / Superintendent], [Ward / Circle / Range] [Office address]
Subject: Reply in Part B of Form GST DRC-01A to the intimation Reference No. [reference number] dated [date], under section [73 / 74 / 74A] for the period [period]
Respected Sir/Madam,
1. We refer to the above intimation under rule 142(1A) of the CGST Rules, 2017, communicating tax of Rs. [amount], with interest and penalty, as ascertained for the period [period]. We submit our reply by the date given in the intimation.
Amounts accepted
2. [If any] We accept Rs. [amount] on account of [item]. It has been paid with interest of Rs. [amount] under section 50 through Form GST DRC-03, ARN [ARN] dated [date], enclosed as Annexure A.
Item 1: [as described in Part A] — Rs. [amount]
3. Part A states that [summarise]. This is not payable because [reasons — the reconciliation first, then the provision relied on, then the documents]. A reconciliation statement is enclosed as Annexure B.
Item 2: [as described in Part A] — Rs. [amount]
4. [Explanation of the second item, with the documents that support it.]
Penalty
5. [Only where Part A invokes section 74 or the fraud limb of section 74A:] There was no fraud, wilful misstatement or suppression of facts, because [facts].
Prayer
6. We request that the payment and these submissions be accepted by an intimation in Part C of Form GST DRC-01A, and that no show cause notice be issued for the amounts explained above. We are available to explain any point in person.
Enclosures
Annexure A — DRC-03 and DRC-04 acknowledgements, if any Annexure B — Reconciliation statement for [period] Annexure C — Invoices, credit notes and return extracts relied on
Thanking you, For [Legal name of the business] [Name of authorised signatory] [Designation] Place: [Place]
An intimation under rule 142(1A) of the CGST Rules, in which the proper officer communicates, before serving a show cause notice under section 73, 74 or 74A, the tax, interest and penalty he has ascertained. Part A is the officer’s intimation, Part B your reply, and Part C the officer’s acceptance of the payment or submissions.
Not since 15 October 2020. When rule 142(1A) was inserted on 9 October 2019 it said the officer “shall” communicate the amount; it now says “may”. A show cause notice can therefore be issued without a DRC-01A first.
No. You can pay all of it, pay part and object to the rest, or object to all of it in Part B. Payment is made through Form DRC-03, and the portal issues an acknowledgement in Form DRC-04.
In a non-fraud case, yes: paying the tax and interest before the show cause notice means no notice for that amount and no penalty (sections 73(5) and 74A(8)). Where fraud or suppression is alleged, the penalty is 15% of the tax (sections 74(5) and 74A(9)). The exception: where self-assessed tax, or tax collected, was not paid within 30 days of its due date, the penalty of 10% of the tax or ₹10,000, whichever is higher, applies anyway (sections 73(11) and 74A(11)).
An explanation of the rules, not advice on your notice. The date printed on your notice governs, and a demand of any size deserves a CA or an advocate before you reply.