9911796707
TMI BlogRECOVERY MECHANISMX X X X Extracts X X X X X X X X Extracts X X X X ..... n writing, ask the said taxpayer to make the payment within a specified period, before the completion of three months. The Commissioner of Central Tax has been assigned the functions of Proper Officer in this regard. 5.3. As per rule 142(5) of the CGST Rules, 2017, a summary of the order issued under Sections 52, 62, 63, 64, 73, 74, 75, 76, 122, 123, 124, 125, 127, 129 or Section 130 of CGST Act, 2017 shall be uploaded electronically in FORM GST DRC-07, specifying therein the amount of tax, interest and penalty payable by the person chargeable with tax. DRC-7 to be treated as Notice for Recovery (Refer Rule 142(6) of the CGST Rules, 2017). As per Rule 142(7) of the CGST Rules, 2017 if a rectification of the order has been passed in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of self-assessed tax liability, and interest thereon by paying the same within a reasonable time, before any action under Section 79 of the CGST Act, 2017 is taken for recovery of the said amount. If, the concerned person is able to justify the differences between GSTR-1 and GSTR-3B, or is able to explain the reasons of such short-payment or non-payment of tax, to the satisfaction of the proper officer, or pays such short paid or not paid amount, then there is no requirement to initiate proceedings for recovery under Section 79 of the CGST Act, 2017 except in cases where the taxpayer fails to rectify errors of omission by 30th day of November following the end of the financial year to which such details pertain, or furnishing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplain the difference in tax payable on the common portal, within the stipulated period. (ii) The taxpayer shall either pay the amount of the differential tax liability, fully or partially, along with interest and furnish the details thereof or furnish a reply, explaining the reasons for the differential tax liability that has remained unpaid, in Part B of FORM GST DRC-01B electronically on the common portal, within the stipulated period. (iii) If any amount specified in the intimation remains unpaid and if no explanation or reason is furnished by the taxpayer in default or if the explanation or reason furnished by such person is not found acceptable by the Proper Officer then the said amount shall be recovered in accordance with the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be liable to be demanded under the provisions of Section 73 or Section 74 of the CGST Act, 2017, as the case may be. 5.9. Rule 142B has been inserted in the CGST Rules, 2017 vide notification No. 38/2023-CT, dated 04.08.2023, w.e.f. 04.08.2023, which lays down the procedure for intimating the taxpayer online about the amount liable to be recovered under Section 79 of the CGST Act, 2017, as under:- (i) If any amount of tax or interest has become recoverable under Section 79 of the CGST Act, 2017 in accordance with Section 75 of the CGST Act, 2017 ibid read with Rule 88C of CGST Rules, 2017 and is unpaid, the Proper Officer shall intimate the details of the said amount in FORM GST DRC-01D, electronically on the common portal, directing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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