Notice U/S 73 & DRC-01 Validity?

I have been issued DRC-01 U/s 73 for a Mismatch between GSTR-1 and GSTR-3B for FY:2018-19 on 17.01.2024.

However, as a summary to SCN the officer has attached the ASMT-10 issued u/s 61 on 30.10.2019.

Is DRC-01 u/s 73 in my case valid?

Replies (2)
Quick Summary
This discussion questions the validity of a GST DRC-01 notice issued under Section 73 for a GSTR-1 and GSTR-3B mismatch. The notice was issued on 17.01.2024, referencing an ASMT-10 from 30.10.2019. It's suggested that the DRC-01 might be invalid as it was issued before the ASMT-10 compliance deadline. The response also notes that for FY 2018-19, the order must be issued by 30.04.2024 as per Section 73(10) amendments.

According to the web search results, the DRC-01 u/s 73 notice in your case may not be valid, as it was issued before the due date of compliance of ASMT-10 u/s 6112. As per Section 73 (1) and Section 73 (10) of the CGST Act, 2017, a show cause notice must be issued at least three months prior to the time limit of three years from the due date for furnishing the annual return for the relevant financial year3. Therefore, you can challenge the validity of the notice by submitting your response accordingly and avoid any adverse orders from the department.

I hope this information helps you.
In terms of section 73(10) as amended vide notification no. 56/2023 CT dated 28.12.2023, the last date for issuance Order is on or before 30.4.2024 for F.Y. 2018-19.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register