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GST RULES 142

[NOTICE AND ORDER FOR DEMAND OF AMOUNTS PAYABLE UNDER THE ACT

(1) The proper officer shall serve, along with the

(a) notice issued under section 52 or section 73 or section 74 ⁶[or section 74A] or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130, a summary thereof electronically in FORM GST DRC-01,

(b) statement under sub-section (3) of section 73 or sub-section (3) of section 74 ⁷[or sub-section (3) of section 74A], a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable.

[(1A) The¹[proper officer may], before service of notice to the person chargeable with tax, interest and penalty, under sub-section (1) of Section 73 or sub-section (1) of Section 74, ⁸[or sub-section (1) of section 74A] as the case may be, 2[communicate] the details of any tax, interest and penalty as ascertained by the said officer, in Part A of FORM GST DRC-01A.]²⁵⁵;

(2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance with the provisions of sub-section (5) of section 73 ⁹[or clause (i) of sub-section (8) of section 74A, as the case may be, or tax, interest and penalty in accordance with the provisions of subsection (5) of section 74 or clause (i) of sub-section (9) of section 74A] or where any person makes payment of tax, interest, penalty or any other amount due in accordance with the provisions of the Act

[whether on his own ascertainment or, as communicated by the proper officer under sub-rule (1A),]²⁵⁶[he shall inform the proper officer of such payment in FORM GST DRC-03 and an acknowledgement, in FORM GST DRC– 04 shall be made available to the person through the common portal electronically.]

[(2A) Where the person referred to in sub-rule (1A) has made partial payment of the amount communicated to him or desires to file any submissions against the proposed liability, he may make such submission in Part B of FORM GST DRC-01A and thereafter the proper officer may issue an intimation in Part-C of FORM GST DRC-01A, accepting the payment or the submissions or both, as the case may be, made by the said person]²⁵⁷

⁵[(2B)Where an amount of tax, interest, penalty or any other amount payable by a person under section 52 or section 73 or section 74 ¹⁰[or section 74A]or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130, has been paid by the said person through an intimation in FORM GST DRC-03 under sub-rule (2), instead of crediting the said amount in the electronic liability register in FORM GST PMT –01 against the debit entry created for the said demand, the said person may file an application in FORM GST DRC-03A electronically on the common portal, and the amount so paid and intimated through FORM GST DRC-03 shall be credited in Electronic Liability Register in FORM GST PMT –01 against the debit entry created for the said demand, as if the said payment was made towards the said demand on the date of such intimation made through FORM GST DRC-03:

Provided that where an order in FORM GST DRC-05 has been issued in terms of sub-rule (3) concluding the proceedings, in respect of the payment of an amount in FORM GST DRC-03, an application in FORM GST DRC-03A cannot be filed by the said person in respect of the said payment.]

¹¹[(3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or under clause (ii) of sub-section (8) of section 74A, as the case may be, or tax, interest and penalty under sub-section (8) of section 74 or under clause (ii) of sub-section (9) of section 74A, as the case may be, within the period specified therein, or where the person concerned makes payment of the amount referred to in sub-section (1) of section 129 within seven days of the notice issued under subsection (3) of that Section but before the issuance of order under the said sub-section (3), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an intimation in FORM GST DRC-05 concluding the proceedings in respect of the said notice.]

(4) The representation referred to in sub-section (9) of section 73 or sub-section (9) of section 74 ¹²[or sub-section (6) of section 74A] or sub-section (3) of section 76 or the reply to any notice issued under any section whose summary has been uploaded electronically in FORM GST DRC-01 under sub-rule (1) shall be furnished in FORM GST DRC-06.

(5) A summary of the order issued under section 52 or section 62 or section 63 or section 64 or section 73 or section 74 ¹³[or section 74A] or section 75 or section 76 or section 122 or section 123 or section 124 or section 125 or section 127 or section 129 or section 130 shall be uploaded electronically in FORM GST DRC-07, specifying therein the amount of tax, interest and penalty, as the case may be, payable by the person concerned.

(6) The order referred to in sub-rule (5) shall be treated as the notice for recovery.

(7) Where a rectification of the order has been passed in accordance with the provisions of section 161 or where an order uploaded on the system has been withdrawn, a summary of the rectification order or of the withdrawal order shall be uploaded electronically by the proper officer in FORM GST DRC-08.]²⁵⁸

[142A. PROCEDURE FOR RECOVERY OF DUES UNDER EXISTING LAWS. –

(1) A summary of order issued under any of the existing laws creating demand of tax, interest, penalty, fee or any other dues which becomes recoverable consequent to proceedings launched under the existing law before, on or after the appointed day shall, unless recovered under that law, be recovered under the Act and may be uploaded in FORM GST DRC-07A electronically on the common portal for recovery under the Act and the demand of the order shall be posted in Part II of Electronic Liability Register in FORM GST PMT-01.

(2) Where the demand of an order uploaded under sub-rule (1) is rectified or modified or quashed in any proceedings, including in appeal, review or revision, or the recovery is made under the existing laws, a summary thereof shall be uploaded on the common portal in FORM GST DRC-08A and Part II of Electronic Liability Register in FORM GST PMT-01 shall be updated accordingly.]²⁵⁹

³[142B. INTIMATION OF CERTAIN AMOUNTS LIABLE TO BE RECOVERED UNDER SECTION 79 OF THE ACT.-

(1) Where, in accordance with section 75 read with rule 88C, or otherwise, any amount of tax or interest has become recoverable under section 79 and the same has remained unpaid, the proper officer shall intimate, electronically on the common portal, the details of the said amount in FORM GST DRC-01D, directing the person in default to pay the said amount, along with applicable interest, or, as the case may the amount of interest, within seven days of the date of the said intimation and the said amount shall be posted in Part-II of Electronic Liability Register in FORM GST PMT-01.

(2) The intimation referred to in sub-rule (1) shall be treated as the notice for recovery.

(3) Where any amount of tax or interest specified in the intimation referred to in subrule (1) remains unpaid on the expiry of the period specified in the said intimation, the proper officer shall proceed to recover the amount that remains unpaid in accordance with the provisions of rule 143 or rule 144 or rule 145 or rule 146 or rule 147 or rule 155 or rule 156 or rule 157 or rule 160.]

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255 Inserted vide Notf no. 49/2019- CT dt. 09.10.2019

256 Inserted vide Notf no. 49/2019- CT dt. 09.10.2019

257 Inserted vide Notf no. 49/2019- CT dt. 09.10.2019

258 Substituted vide Notf No. 16/2019-CT dt. 29.03.2019 wef 01.04.2019 for ―142. Notice and order for demand of amounts payable under the Act.-(1) The proper officer shall serve, along with the

(a) notice under sub-section (1) of section 73 or sub-section (1) of section 74 or sub-section (2) of section 76, a summary thereof electronically in FORM GST DRC-01,

(b) statement under sub-section (3) of section 73 or sub-section (3) of section 74, a summary thereof electronically in FORM GST DRC-02, specifying therein the details of the amount payable.

(2) Where, before the service of notice or statement, the person chargeable with tax makes payment of the tax and interest in accordance with the provisions of sub-section (5) of section 73 or, as the case may be, tax, interest and penalty in accordance with the provisions of sub-section (5) of section 74, he shall inform the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an acknowledgement, accepting the payment made by the said person in FORM GST DRC–04.

(3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice.

(4) The representation referred to in sub-section (9) of section 73 or sub-section (9) of section 74 or sub-section (3) of section 76 shall be in FORM GST DRC-06.

(5) A summary of the order issued under sub-section (9) of section 73 or sub-section (9) of section 74 [or sub-section (12) of section 75]258 or sub-section (3) of section 76 [or section 125]258 [or section 129 or section 130]258 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.

(6) The order referred to in sub-rule (5) shall be treated as the notice for recovery.

(7) Any rectification of the order, in accordance with the provisions of section 161, shall be made by the proper officer in FORM GST DRC-08.

259 Inserted vide Notf no. 60/2018 – CT dt. 30.10.2018

1. Word Substituted vide Notification Number 79/2020. Dated 15.10.2020. Before it was read as "proper officer shall".

2. Word Substituted vide Notification Number 79/2020 Dated 15.10.2020. Before it was read as "shall communicate".

3. Inserted Vide Notification No. 38/2023, Dated : 04.08.2023, W.e.f. 04.08.2023.

4. Substituted Vide Notification No. 52/2023, Dated : 26.10.2023, w.e.f. 26.10.2023. Before it was read as------ "proper officer shall issue an order"

5. Inserted Vide Notification Number 12/2024 Dt 10.07.2024 w.e.f.

6. Inserted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024.

7. Inserted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024.

8. Inserted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024.

9. Substituted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024. For “or, as the case may be, tax, interest and penalty in accordance with the provisions of subsection (5) of section 74”.

10. Inserted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024.

11. Substituted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024. For

(3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), or where the person concerned makes payment of the amount referred to in sub-section (1) of section 129 within seven days of the notice issued under sub-section (3) of Section 129 but before the issuance of order under the said sub-section (3), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the ⁴[proper officer shall issue an intimation] in FORM GST DRC-05 concluding the proceedings in respect of the said notice.

12. Inserted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024.

13. Inserted Vide Notification Number 20/2024 Dated 08.10.2024 w.e.f. 01.11.2024.