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DRC 03 Which section

vishal (na) (175 Points)

17 February 2021

Which section to select for voluntary payment of interest for late payment of tax in DRC O3 .

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Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (5179 Points)
Replied 17 February 2021

Form DRC-03 is filed for making a voluntary payment of outstanding liabilities u/s 73 and 74 of the CGST Act. A taxpayer can self ascertain the tax before issuance of SCN or within 30 days of SCN determination to avoid the hassles of demand and recovery provisions.

Section 73 - deals with cases where there is non-payment/under-payment of tax without any intention or invocation of fraud.

Section 74 - deals with cases where there is non-payment/under-payment of tax with intention or invocation of fraud

Point to note: All the payments need to be made either from input tax credit available in electronic credit ledger or cash balance available in the electronic cash ledger. But, in case of interest and penalties ITC utilisation is not available. It has to be compulsorily paid in cash.