The Goods and Services Tax Network (GSTN) has issued an advisory addressing a common issue faced by taxpayers while filing appeals before the First Appellate Authority. Many taxpayers make voluntary payments during investigation using Form GST DRC-03, but later find that the GST portal still requires them to pay the mandatory pre-deposit when filing an appeal against the demand order.
GSTN clarified that payments made through DRC-03 are not automatically linked to the Demand ID generated in the Electronic Liability Register when a demand order (such as Form GST DRC-07 ) is issued. As a result, these payments are not recognized by the system while calculating the pre-deposit required for filing an appeal.
To resolve this issue, taxpayers must file Form GST DRC-03A to link the earlier DRC-03 payment with the relevant demand order. Once this linkage is completed, the payment will be reflected in the Electronic Liability Register and considered while calculating the mandatory pre-deposit for filing an appeal.
GSTN has therefore advised taxpayers to ensure that DRC-03 payments are mapped to the respective Demand ID through Form DRC-03A before filing an appeal to avoid paying the pre-deposit again.
Official copy of the Advisory is as follows
Advisory on the Payment of pre-deposit while filing of appeal before First Appellate authority
1. Sometimes taxpayers voluntarily pay some amount during the investigation stage using Form GST DRC-03. Later, when the taxpayer wants to file an appeal application against the demand order issued after the investigation, they are required to pay a pre-deposit to file the appeal.
However, many taxpayers complain that the GST portal still asks them to pay the pre-deposit even when they have already paid more than the required amount through Form GST DRC-03.
2. When a demand order (for example, Form GST DRC-07) is issued to a taxpayer, a Demand ID is created in Part II of the Electronic Liability Register on the GST portal. If the taxpayer makes a payment using the "Payment towards Demand" functionality on the portal, the amount is automatically adjusted against that Demand ID in the register. However, payments made through Form GST DRC-03 are not linked to the Demand ID and therefore do not appear as adjusted against the demand in the liability register.
3. While filing an appeal by Taxpayer, GST System auto calculates the required amount to be paid (i.e. Admitted amount + Pre-Deposit) and checks whether any amount is already paid by the taxpayer against the demand ID in the said liability register.
a. If such amount is equal to or greater than the required amount, then the portal will allow the taxpayer to file appeal without prompting for further payment. Portal will show the below message, if required amount is already paid the taxpayer.
b. If such amount is lesser than the required amount, then Portal mandates the taxpayer for the payment of Balance payable.
Pre-deposit Payment made through DRC 03:
4. As explained earlier, any payment made through Form GST DRC-03 is not automatically recognized by the GST system against any specific Demand ID.
Therefore, such payments are not considered by the system while calculating the pre-deposit amount required for filing an appeal. To ensure that the payment made through Form GST DRC-03 is counted against a particular demand order, the payment must be linked with the respective Demand ID by filing Form GST DRC-03A on the GST portal. Filing Form GST DRC-03A enables the payment made through DRC-03 to be mapped to the corresponding demand order, and the entry for the same becomes available in the Electronic Liability Register.
5. Consequently, at the time of filing an appeal, the system will recognize the payment (made through DRC 03 and adjusted using DRC 03A) and will not require the taxpayer to pay any additional amount again while calculating the mandatory pre-deposit.
Accordingly, taxpayers are advised to file Form GST DRC-03A to link payments made through Form GST DRC-03 with the relevant demand order before filing an appeal, wherever applicable. To know how to link any demand ID with a particular Form GST DRC 03, through the Form GST DRC 03A, Please refer the manual that in available in GST portal.
CAclubindia
