amendment to Rule 142A

[Vel Murugan]

Rule 142A has been amended by Notification No. 79/2020-CT dated 15.10.2020, replacing the word 'shall' with 'may' and it is effective from that date. Whether this amendment is applicable for the DRC-01 for the FY 2017-18? In other words, the issue of DRC-01A is a must for SCN for the years 2017-18 to 2019-20.

AI Summary

GST Rule 142A amendment makes DRC-01A notices discretionary, debated for retroactive application to 2017-2020 fiscal years. An amendment to GST Rule 142A, effective from 15.10.2020, changed the word 'shall' to 'may,' affecting the issuance of DRC-01A notices. Participants in the discussion debated whether this amendment applies retroactively to fiscal years 2017-18 to 2019-20. The consensus was that post-amendment, the issuance of DRC-01A is discretionary, allowing officers to issue notices for past periods based on case specifics. A referenced court decision supports this interpretation, although one participant expressed disagreement with its reasoning.