Answer

GST

Paying old years' tax before any notice

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  1. Facts

    For periods up to FY 2023-24 in non-fraud cases, paying tax with interest before a notice and informing the officer means no penalty. Use DRC-03 with the Voluntary cause.

  2. Provisions and law

    • Sec 73(5), CGST Act 2017Pay tax and interest before a notice and inform the officer; no penalty in non-fraud cases (periods up to FY 2023-24)
    • Rule 142(2) and (3), CGST Rules 2017Payment before or after a notice is intimated in DRC-03; the officer acknowledges it in DRC-04
    • Sec 50, CGST Act 2017Interest at 18 percent a year on tax paid late
  3. Analysis

    Sec 73(5) gives this option, and Sec 73(6) says no notice is issued for the amount paid. Interest under Sec 50 is still due. Example: ₹80,000 tax short paid for FY 2022-23, paid in October 2026; interest at 18 percent for about 3.5 years is roughly ₹50,000. Paying now avoids a penalty of at least 10 percent or ₹10,000 that a later order could add.

  4. Conclusion

    1. Confirm the period and amount of short payment.
    2. Calculate interest from the original due date.
    3. File DRC-03 under Voluntary with Sec 73(5).
    4. Pay interest in cash.
    5. Keep the ARN and DRC-04.

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