E-way notices

Dear Sir We are engaged in clothing business.in FY 2223 by clerical mistake We entered cess instead IGST CGST AND SGST.BUT IN GSTR1 AND GSTR3B WE ENTERED PERFECTLY.STATE TAX OFFICER ISSUE DEMAND NOTICE IN DRCO1A FORM.HOW TO REPLY

Replies (2)
Quick Summary
If you've received an e-way notice (DRC-01A) because of a clerical mistake in classifying tax types, but your GSTR-1 and GSTR-3B filings were accurate, you can contest it. The key is to demonstrate that the correct tax (IGST, CGST, SGST) was paid in full as per your GSTR-3B. Prepare a reconciliation showing the difference between your internal records and the correct GSTR-3B filings, and submit this with your reply to request the officer to drop the demand.

The demand notice issued in Form DRC-01A arises from a clerical misclassification where amounts were entered under "Cess" instead of regular tax heads, even though GSTR-1 and GSTR-3B were filed correctly. The reply should provide a reconciliation proving proper tax payment in GSTR-3B and request the officer to drop the demand.

Clerical error in books but correct filing in GSTR-3B and GSTR-1 is solid ground to contest this DRC-01A.

The key argument: Section 73 demands can only be confirmed if there is NON-PAYMENT or SHORT-PAYMENT of tax. If your GSTR-3B correctly shows IGST, CGST and SGST amounts and the tax was paid in full, the demand has no basis.

Here is what to do for the reply:

- Pull out the GSTR-3B returns for all months in FY 2022-23 and extract the IGST, CGST, SGST amounts reported.
- Prepare a month-wise reconciliation showing books amount vs GSTR-3B amount vs actual payment.
- In the DRC-01A reply screen on the GST portal, state that the cess entry in internal records was a clerical misclassification. Attach the reconciliation and GSTR-3B summary as supporting documents.
- Request the officer to drop the demand on the ground that tax liability was correctly disclosed and paid through GSTR-3B.

The officer must consider your reply before issuing a final demand under DRC-07. A well-supported reconciliation response typically resolves clerical error notices at the first stage itself.

This [GST notice reply guide](https://taxgarden.in/blog/gst-notice-reply-format) covers the DRC-01A response procedure with formats for different notice scenarios.

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