Answer

GST

Selecting the section and period in DRC-03

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  1. Facts

    Choose the section from the drop-down based on the year and the nature of the case. Periods up to FY 2023-24 use Sec 73 or 74, and FY 2024-25 onwards use Sec 74A.

  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)
    • Sec 74A(8), CGST Act 2017From FY 2024-25, non-fraud cases: pay tax and interest before notice, no penalty; or within 60 days of notice, no penalty
    • 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
  3. Analysis

    The DRC-03 manual says Sec 74A(8) and 74A(9) appear in the list from April 2025. The period you enter should be the tax period the short payment relates to, as interest runs from that due date. Example: short payment in March 2024 and in June 2025 needs two DRC-03s, one under Sec 73(5) for FY 2023-24 and one under Sec 74A for FY 2025-26.

  4. Conclusion

    1. Split the amounts by financial year.
    2. Pick Sec 73 or 74 for years up to FY 2023-24.
    3. Pick the Sec 74A option for FY 2024-25 onwards.
    4. Enter the correct tax period for each.
    5. File separate DRC-03s where years differ.

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