Form DRC-03 is required to be filed for GST payments made voluntarily or against show cause notice, towards demand or tax shortfall noticed later on after the time limit to file returns of a financial year expires. This form is mandated under Rule 142(2) and (3) of the CGST Rules, 2017.
Recently CBIC vide Notification No. 37/2021–Central Tax dated 01.12.2021 has made the following amendments in Form DRC-03:
a) In the heading, after the words ‘or statement’, the words, letters and figures ‘or intimation of tax ascertained through FORM DRC-01A’ shall be inserted. It may be noted here that Form DRC-01A is an intimation of tax ascertained as being payable under Section 73(5) / 74(5). 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. FORM DRC-01A is an intimation rather than a show-cause notice.
b) Against item 3, in column (3), for the word and letters “Audit, investigation, voluntary, SCN, annual return, reconciliation statement, others (specify)”, the words, letters, figures and brackets “Audit, inspection or investigation, voluntary, SCN, annual return, reconciliation statement, scrutiny, intimation of tax ascertained through FORM GST DRC- 01A, Mismatch (Form GSTR-1 and Form GSTR-3B), Mismatch (Form GSTR-2B and ), others (specify)” shall be substituted;
Accordingly, the dropdown on GST portal has been changed as under:
c) against item 5, in column (1), after the word and figures “within 30 days of its issue”, the words, letters, figures and brackets “, scrutiny, intimation of tax ascertained through Form GST DRC-01A, audit, inspection or investigation, others (specify)” shall be inserted. It may be noted that under item 5 earlier only details of SCN (Ref No and Date) if payment is made within 30 days of its issue were required to be given.
d) Fee column has been added under Table 7 as under:
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Frah Saeed is a law graduate specializing in the core field of indirect taxes and is the Co-founder of taxwallah.com. She has authored many publications on GST and is into full-time consultancy on GST to big corporates. She as a part of taxwallah.com heads a team comprising of Chartered Accountants and Advocates and plays a key role in our mission to disseminate GST knowledge to all.
