A Breakdown of DRC Forms: Understanding Their Role in GST Demand and Recovery

Received a GST notice and unsure what it means? The DRC forms play a crucial role in tax demand, recovery, and compliance under the GST regime. Understanding these forms is essential for taxpayers to respond correctly and avoid unnecessary penalties.

The GST law provides a structured mechanism for tax authorities to communicate with taxpayers regarding tax demands, discrepancies, interest, penalties, and recoveries. Various DRC forms serve different purposesbe it intimation, adjudication, or enforcement.

This article will walk you through the different DRC forms under GST, their significance, and the necessary actions taxpayers should take upon receiving them.

Understanding DRC Forms: Categorization

GST DRC forms serve as the primary means of communication between tax authorities and taxpayers regarding tax demands, liabilities, recoveries, and appeals. These forms can be broadly categorized based on their function:

Intimations & Notices

Recovery Proceedings

Now, lets dive into a detailed overview of the GST demand forms below:

Intimations & Notices

1. Form GST DRC-01A: Pre-Notice Communication of Tax Liability

Form GST DRC-01A is issued under Rule 142(1A) of the CGST Rules.

Serves as a pre-notice intimation before issuing a demand notice under Section 73(1), 74(1), or 74A(1).

Communicates ascertained tax, interest, and penalty liability to the taxpayer.

Allows the taxpayer an opportunity for voluntary payment before a formal Show Cause Notice (SCN).

Structure of DRC-01A

Change in Legal Position

2. Form GST DRC-01: Summary of Demand & Best Judgment Assessment Notice

Form GST DRC-01 is issued under Rule 142(1)(a) of the CGST Rules.

Accompanies a Show Cause Notice (SCN) under Sections 52, 62-64, 73, 74, 74A, 76, 122-125, 127, 129, or 130.

Provides a summary of tax, interest, and penalty payable by the taxpayer.

Best Judgment Assessment Cases

Key Distinction from Form GST DRC-01A

3. Form GST DRC-01B: Intimation of Tax Discrepancy Between GSTR-1 and GSTR-3B

Form GST DRC-01B is issued under Rule 88C of the CGST Rules.

Notifies a registered taxpayer when tax liability reported in GSTR-1 (or GSTR-1A) exceeds the tax liability declared in GSTR-3B for a given tax period.

Sent electronically via Part A of Form GST DRC-01B and also emailed to the taxpayer.

Taxpayers obligation Upon Receiving the Intimation

4. Form GST DRC-01C: Intimation of ITC Discrepancy Between GSTR-3B and GSTR-2B

Form GST DRC-01C is issued under Rule 88D of the CGST Rules.

Notifies a registered taxpayer when ITC availed in GSTR-3B exceeds ITC available in GSTR-2B for a given tax period.

Sent electronically via Part A of Form GST DRC-01C and also emailed to the taxpayer.

Taxpayers obligation Upon Receiving the Intimation

Consequences of Non-Compliance

5. Form GST DRC-01D: Intimation of Recoverable Tax or Interest Under Section 79

Form GST DRC-01D is issued under Rule 142B of the CGST Rules.

Notifies the taxpayer about unpaid tax or interest that has become recoverable under Section 79.

Also arises due to differences identified under Section 75 read with Rule 88C or other applicable provisions.

Sent electronically via Form GST DRC-01D, directing the taxpayer to pay the outstanding amount within 7 days of the date of the said intimation.

The recoverable amount is also recorded in Part II of the Electronic Liability Register (FORM GST PMT-01).

Consequences of Non-Compliance:

6. Form GST DRC-02: Statement of Tax Demand

Issued electronically as a summary of a statement served under Section 73(3), Section 74(3), or Section 74A(3) of the CGST Act.

Summarizes the details of the tax, interest, or penalty payable by the taxpayer.

Applies when a Show Cause Notice (SCN) under Section 73(1), 74(1), or 74A(1) has already been issued for a specific tax period, but additional unpaid or short-paid tax, erroneous refund, or wrongly availed ITC is identified for other periods.

In such cases, the proper officer issues a statement instead of a fresh SCN.

7. Form GST DRC-03: Voluntary Payment of Tax, Interest, and Penalty

Used by taxpayers to voluntarily pay tax, interest, or penalty under various provisions of the CGST Act.

Before Notice Issuance (as per Rule 142(2)):

After Receiving a Show Cause Notice (SCN) but within the prescribed time (as per Rule 142(3)):

Once the taxpayer makes the payment, they must inform the proper officer via Form GST DRC-03.

8. Form GST DRC-03A: Application for Adjustment of Payment Against Demand

Filed by a taxpayer under Rule 142(2B) of the CGST Rules to request adjustment of a voluntary payment (via Form GST DRC-03) against an existing demand.

Applicable when a taxpayer has already paid tax, interest, penalty, or other sums under Sections 52, 73, 74, 74A, 76, 122, 123, 124, 125, 127, 129, or 130 through Form GST DRC-03.

Ensures proper crediting of the payment against the corresponding debit entry in the Electronic Liability Register (FORM GST PMT-01).

Once submitted, the amount paid via Form GST DRC-03 is adjusted against the demand in FORM GST PMT-01, treating it as if paid on the date of intimation via Form GST DRC-03.

9. Form GST DRC-04: Acknowledgment of Voluntary Payment

Issued by the proper officer as an acknowledgment of tax, interest, or penalty paid voluntarily through Form GST DRC-03 under various provisions of the CGST Act.

Applicable under Rule 142(2) of the CGST Rules when a taxpayer makes a payment either on their own ascertainment or as communicated by the proper officer.

Ensures formal recognition of the voluntary payment by the department.

Issued electronically as an acknowledgment once the taxpayer informs the officer about the payment through Form GST DRC-03.

10. Form GST DRC-05: Closure of Proceedings

Issued by the proper officer under Rule 142(3) of the CGST Rules to formally conclude proceedings when a taxpayer makes a payment of tax, interest, or penalty through Form GST DRC-03 in response to:

Ensures that no further action will be taken concerning the said notice once the payment is made and reported via Form GST DRC-03.

Issued electronically as a confirmation of proceedings closure.

11. Form GST DRC-06: Filing of Reply to Show Cause Notice (SCN)

Used by taxpayers to submit their reply to a Show Cause Notice (SCN) issued under various provisions of the CGST Act.

Filed electronically under Rule 142(4) of the CGST Rules.

Applicable for replies or representation against:

Enables taxpayers to contest demands, provide explanations, and submit supporting documents before a final determination is made.

12. Form GST DRC-07: Summary of Demand Order

Used by the proper officer to electronically upload a summary of the demand order issued under various provisions of the CGST Act.

Filed under Rule 142(5) of the CGST Rules, recording tax, interest, and penalty payable by the taxpayer.

Applicable for demand orders under:

Additionally, as per Rule 100 of the CGST Rules:

Ensures the taxpayer is informed of the final demand determination and the corresponding liability under the CGST Act.

13. Form GST DRC-07A: Recovery of Dues under Existing Laws

Issued under Rule 142A(1) of the CGST Rules to electronically upload a summary of an order creating a demand for tax, interest, penalty, or other dues under existing laws (prior to GST).

Applicable when dues under old laws remain unsettled and are recoverable under the CGST Act.

The demand is posted in Part II of the Electronic Liability Register (FORM GST PMT-01) for recovery under GST.

14. Form GST DRC-08: Rectification or Withdrawal of Order

Issued by the proper officer under Rule 142(7) of the CGST Rules to electronically upload a summary of:

Section161 permits rectification of errors apparent on the face of the record in any order, notice, or document.

Ensures that corrections or modifications to an earlier order are officially recorded and communicated to the taxpayer.

15. Form GST DRC-08A: Modification or Adjustment of Demand under Existing Laws

Issued under Rule 142A(2) of the CGST Rules to electronically update a demand recorded in Form GST DRC-07A when:

Updates are reflected in Part II of the Electronic Liability Register (FORM GST PMT-01).

Ensures that changes to previously recorded demands are properly documented and reflected in the taxpayers liability records.

Recovery Proceedings

Once a demand is confirmed and remains unpaid, recovery actions are initiated under Section 79 of the CGST Act. The following DRC forms facilitate the recovery process in various ways.

16. FORM GST DRC-09: Recovery by Deduction from Money Owed

The government can recover unpaid dues from a defaulter by deducting the amount from any money payable to them by government entities.

Issued under Rule 143 of the CGST Rules read with Section 79(1)(a) of the CGST Act to to facilitate this recovery.

The proper officer may instruct a specified officerwhich includes officers of the Central or State Government, local authorities, or government-controlled entities such as a Board, Corporation, or companyto deduct the outstanding amount before making any payment to the defaulter.

Ensures efficient recovery by adjusting dues against amounts payable to the taxpayer, such as refunds, subsidies, or contract payments.

17. FORM GST DRC-10: Notice for Auction of Goods or Conveyance

There are several ways of recovering the government's dues from the defaulter. One such way is through the sale of the defaulters goods and conveyance that lie under the control of the proper officer.

Issued when the proper officer initiates an auction for the recovery of outstanding dues by selling goods or conveyances under two scenarios:

The notice specifies the items to be auctioned and the purpose of the sale (either public auction or e-auction).

Auction date or last day for bid submission cannot be earlier than 15 days from issuance of DRC-10, except for perishable or hazardous goods and conveyances, where the period may be shortened.

If the defaulter clears the dues before DRC-10 is issued, the auction is canceled.

18. FORM GST DRC-11 - Notice to Successful Bidder

Issued under Rules 144, 144A, and 147 of the CGST Rules

Once the auction is completed, the proper officer issues DRC-11 to the highest bidder, instructing them to make the full payment within a specified period.

The deadline for payment varies based on the applicable rule:

Failure to pay within the stipulated time may result in

19. FORM GST DRC-12 - Certificate of Sale

Issued under Rules 144, 144A, and 147 of the CGST Rules to certify the completion of a sale of goods or property for tax recovery purposes.

Once an auction is successfully concluded and the highest bidder makes the full payment, the proper officer shall issue a certificate in FORM GST DRC-12 to certify the completion of the sale.

Details in the certificate:

Transfer of rights: Upon issuance of DRC-12, the rights, title, and interest in the property are transferred to the successful bidder. It serves as legal proof of ownership and finalizes the auction process.

Applicable in the following cases:

Post-issuance: The successful bidder assumes full ownership, and any statutory payments (like stamp duty or registration fees) become their responsibility.

20. FORM GST DRC-13 - Notice to a Third Party for Recovery of Dues

Issued under Section 79(1)(c) of the CGST Act and Rule 145 of the CGST Rules, to a third party who owes money to or holds money on behalf of a taxpayer in default.

Purpose:

Obligations of the Third Party:

21. FORM GST DRC-14 - Certificate of Discharge for Payment by a Third Party

Issued under Rule 145 of the CGST Rules, when a third party complies with Form GST DRC-13 by paying the specified amount directly to the government in place of the taxpayer in default.

Purpose:

22. FORM GST DRC-15 - Recovery through Execution of a Court Decree

Issued under Rule 146 of the CGST Rules (read with Section 79 of the CGST Act).

Applicable when a taxpayer (defaulter) is entitled to receive money under a civil court decree (e.g., judgment ordering payment or proceeds from a mortgaged property sale).

Enables the government to recover outstanding GST dues from these amounts.

The proper officer sends a request in FORM GST DRC-15 to the court, directing it to execute the decree and remit the recoverable amount to the government.

The court, following the Code of Civil Procedure, 1908, processes the execution and credits the net proceeds toward settling the taxpayers liability.

23. FORM GST DRC-16 - Order for Attachment & Sale of Property

Issued under Section 79(1)(d) of the CGST Act read with Rule 147(1) & 151(1) of the CGST Rules, to recover unpaid GST dues.

The proper officer may attach or distrain a taxpayer's movable and immovable property.

The officer prepares a list of such assets, estimates their value, and issues an attachment or distrain order along with a notice in FORM GST DRC-16, prohibiting any transactions involving the property.

A copy of the order is sent to the relevant Revenue or Transport Authority to place an encumbrance, which can only be removed through a written order from the proper officer.

24. FORM GST DRC-17 - Notice for Auction of Attached Property

Issued under Section 79(1)(d) of the CGST Act read with Rule 147(4) of the CGST Rules, when a taxpayer fails to clear outstanding dues within 30 days of property distrain.

The proper officer may proceed with its sale.

The notice in FORM GST DRC-17specifies the details of the property to be auctioned, the purpose of the sale, and the auction process.

The auction can be conducted via public auction or e-auction. In certain cases, negotiable instruments or shares may be sold through a broker.

The proceeds from the sale are used to recover unpaid dues, with any surplus refunded to the taxpayer.

25. FORM GST DRC-18 - Certificate for Recovery through Land Revenue Authority

Issued under Section 79(1)(e) of the CGST Act read with Rule 155 of the CGST Rules, to recover unpaid amounts from a taxpayer by involving the Collector, Deputy Commissioner, or any authorized officer of the district where the taxpayer owns property, resides, or conducts business.

The proper officer sends a certificate in FORM GST DRC-18 specifying the amount due to the designated officer, who then recovers it as if it were an arrear of land revenue.

26. FORM GSTDRC-19- Application to the Magistrate for Recovery as Fine

Issued under Section 79(1)(f) of the CGST Act read with Rule 156 of the CGST Rules, for recovering an amount as if it were a fine imposed under the Code of Criminal Procedure, 1973.

The proper officer files an application in FORM GST DRC-19 before the appropriate Magistrate.

The application requests the court to recover the specified amount from the concerned person as if it were a court-imposed fine.

27. FORM GST DRC-20 - Application for Instalment Payment

Used by a taxable person to apply for an extension of time to pay outstanding tax dues or to request permission to pay in monthly instalments as per Section 80 of the CGST Act and Rule 158(1) of the CGST Rules.

The application is filed electronically.

28. FORM GST DRC-21 - Order Granting Instalment Payment

Before issuing an order, the Commissioner seeks a report from the jurisdictional officer to assess the taxpayers financial condition.

If satisfied, the Commissioner issues order under Rule 158(2) of the CGST Rules, in FORM GST DRC-21, granting an extension of time or permitting payment in instalments (up to 24 months)

The order is subject to applicable interest under Section 50 of the CGST Act.

29. FORM GST DRC-22 - Provisional attachment of property

FORM GST DRC-22 is used for the provisional attachment of property, including bank accounts, under Section 83 of the CGST Act and Rule 159 of the CGST Rules.

When the Commissioner decides to attach a taxpayers property to protect the interests of revenue, they pass an order in this form, specifying the details of the attached property.

A copy of FORM GST DRC-22 is also sent to the concerned Revenue Authority, Transport Authority, or any other relevant authority to place an encumbrance on the attached movable or immovable property.

30. FORM GST DRC-22A - Objection Against Provisional Attachment

FORM GST DRC-22A allows a person whose property has been provisionally attached under Section 83 of the CGST Act, read with Rule 159 of the CGST Rules, to file an objection against the attachment.

If the taxpayer believes that the attached property was not liable for attachment, they can file this form.

The Commissioner, after affording an opportunity of being heard, may release the attached property by passing an order in FORM GST DRC-23.

31. FORM GST DRC-23 - Order for Release of Attached Property

FORM GST DRC-23 is issued under Section 83 of the CGST Act, read with Rule 159 of the CGST Rules, for the release of provisionally attached property under the following circumstances:

a) When the attached property is perishable or hazardous, and the taxpayer pays an amount equivalent to its market price or the amount payable under GST, whichever is lower.

b) When an objection is filed in FORM GST DRC-22A and the Commissioner, after review, determines that the property was wrongly attached or is no longer liable for attachment.

c) When the Commissioner is otherwise satisfied that the attachment is no longer necessary.

32. FORM GST DRC-24- Intimation to Liquidator for Recovery of Tax Dues

Form GST DRC-24 is issued under Section 88 of the CGST Act, read with Rule 160 of the CGST Rules, to intimate the liquidator about the tax liabilities of a company under liquidation.

When a company is being wound up, the liquidator must inform the Commissioner within 30 days of their appointment.

The Commissioner then conducts an inquiry to determine the amount required to cover the companys tax dues and issues Form GST DRC-24 within three months of receiving the liquidators intimation.

Form GST DRC-24 specifies the amount that must be set aside for tax settlement.

33. FORM GST DRC-25- Continuation of Recovery Proceedings

Form GST DRC-25 is issued under Section 84 of the CGST Act, read with Rule 161 of the CGST Rules, to continue recovery proceedings when the demand amount changes due to an appeal, revision, or other proceedings.

When any notice of demand is initially served on a taxpayer, and the taxpayer files an appeal, revision, or any other proceedings are initiated, the outcome of such proceedings may result in a modification of the original demand.

Once the appeal, revision, or other proceedings are finalized, the impact on the demand amount determines the next course of action:

If the demand is enhanced, the Commissioner issues a fresh notice of demand in FORM GST DRC-25 for the additional amount. Recovery proceedings resume from the stage they were at before the disposal of appeal or revision.

If the demand is reduced, no new notice is issued. Instead, intimation in FORM GST DRC-25 is sent to the taxpayer, informing them of the revised demand. The recovery proceedings will continue only for the reduced amount from the stage they were at before the disposal of appeal or revision, and the appropriate authority handling the recovery is also informed accordingly.

Disclaimer: The information given in this article is solely for purpose of understanding the law. It is completely based on the interpretation of the author and cannot be constituted as a legal advise, the author of this article and Lawcrux team is not responsible for any legal issues if arises on the basis of the interpretation given above.