Taxpayers with monthly turnover exceeding 50 lakhs must pay at least 1% of their output tax liability in cash under GST Rule 86B, as using 100% Input Tax Credit (ITC) for the last 1% constitutes a procedural violation that can lead to registration suspension; to rectify this, taxpayers should voluntarily pay the shortfall using Form DRC-03 on the GST portal and then recover the excess ITC through either a refund application under Section 54(1) or by requesting re-credit via Form PMT-03, with exemptions available for those who paid over 1 lakh in income tax in the last two years, received refunds exceeding 1 lakh for unutilized ITC on exports or inverted duty structure, or are government departments or public sector undertakings.
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🚨 Rule 86B GST Alert: How to Fix 1% Cash Payment Mistakes! | DRC-03 ProcedureAdded:
Did you pay your entire GST liability using ITC and ignore the mandatory 1% cash payment rule?
If your monthly turnover exceeds 50 lakhs, you might have just have triggered a major non-compliance under rule 86B.
But don't worry, there is a legal way to rectify this before the department sends a notice.
Let's break down the 86B rectification process.
First of all, let's understand the mistake.
Rule 86B is simple. If your taxable supply in a month is more than 50 lakhs, you can't use ITC to pay more than 99% of your output tax.
You must pay at least 1% in cash. Many taxpayers inadvertently use 100% of ITC, especially when they have huge credit balance.
While the ITC itself isn't illegal, using it for the last 1% is a procedural violation that can lead to registration suspension.
What is the first step? Pay via DRC-03. So, how to fix it? First, you must recompute your liability for those periods. Calculate exactly how much that 1% cash component should have been.
You cannot go back and edit the GSTR-3B, so you must pay this shortfall voluntarily.
Use form DRC-03 on the GST portal.
Select voluntary as the cause and ensure you pay the amount from your electronic cash ledger.
All right. Now, what is the second step?
Getting your ITC back. Now, you have paid the 1% in cash, but you have also already paid it once via ITC. This is double taxation. To get your ITC back, you have two routes. Route one is file a refund application using section 54 subsection one for the excess tax paid through ITC.
Route two, and often the most practical one is requesting your jurisdictional officer to re-credit the amount to your electronic credit ledger using form PMT-3.
Now, there are certain exceptions to rule 86B.
Before you panic, check if you're exempt. Rule 86B doesn't apply if you or your directors paid more than 1 lakh in income tax in the last 2 years.
You have received a refund of over 1 lakh for unutilized ITC on exports or inverted duty structure.
You're a government department or a public sector undertaking.
If these don't apply, the 1% rule is mandatory to you.
Rule 86B is a small rule with big consequences.
If you have made a mistake, fix it via DRC-03 today.
Documentation is your best friend during GST audit.
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