05 June 2024
We got a notice in Form DRC-01 for the FY 2019-20. We are in security agency business where GST is applicable on RCM basis. At the time of filing our first return we submit all details in GSTR-1 as per the invoice I raised at that time ( there was only one invoice), but as we were new we missed to click supply attract reverse charge button on GSTR-1 and filed my GSTR-01 as such. But in our GSTR-3B we put the taxable amount on exempt column as there was no such specific column in GSTR-3B for reverse charge supply at that time. Now department is demand me the tax on that invoice along with interest and penalty, what to do? Is we have to pay for a procedural mistake. please suggest.
05 June 2024
No you don't have to pay although the department officer will most probably harass you to pay. Explain the situation and quote the notification along with certified copy of invoice
17 June 2024
You have to substantiate your case by arguing that it was just a procedural mistake and you being in security services, you are only providing services on which RCM is applicable.