Notices · GST

DRC-07 in GST: the demand order, the appeal time limit, and rectification

DRC-07 confirms a GST demand. You have three months to pay, appeal or ask for an obvious error to be corrected — and an appeal with its pre-deposit stops recovery of the rest.

Quick Statutory Answer

Form GST DRC-07 is the summary of an order confirming a GST demand of tax, interest and penalty, uploaded under Rule 142(5). Pay it, or appeal to the Appellate Authority in Form APL-01 within three months of the order being communicated (section 107(1)); the authority can allow one more month for sufficient cause (section 107(4)). An appeal needs the admitted amount plus a pre-deposit of 10% of the tax in dispute, after which recovery of the rest is stayed (section 107(7)). An error apparent on the record can be corrected by asking for rectification within three months (section 161).

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At a glance

What For this notice
Sent by The GST proper officer, after deciding a show cause notice
Under Sections 73, 74 or 74A with sections 78, 107 and 161, CGST Act 2017; Rule 142(5), CGST Rules
Reply in An appeal in Form GST APL-01, or a rectification request under section 161
Deadline Appeal within 3 months of the order being communicated — one more month only for sufficient cause
If ignored The demand is payable within 3 months of the order (section 78), and then recoverable, including from your bank account

GST DRC-07 reply format

A fill-in format: replace every [bracket] with your own facts and delete what does not apply. Copy it, or download it in Word, free.

From

[Legal name of the business] GSTIN: [GSTIN] [Principal place of business]

Date: [DD/MM/YYYY]

To

The Proper Officer [Designation, e.g. State Tax Officer / Superintendent], [Ward / Circle / Range] [Office address]

Subject: Application under section 161 of the CGST Act, 2017 for rectification of the order in Form GST DRC-07, Reference No. [reference number] dated [date], for the period [period]

Respected Sir/Madam,

1. We refer to the above order. This application is made within three months of the date of issue of the order.

Error apparent on the face of the record

2. The order [states the tax payable as Rs. [amount], whereas the demand in the show cause notice was Rs. [amount] / does not take into account the payment of Rs. [amount] made through Form GST DRC-03, ARN [ARN] dated [date], which is on the portal / contains an arithmetical error in [describe]].

3. The error is apparent from the record itself — [refer to the document on the portal that shows it] — and needs no argument or fresh evidence to establish.

Prayer

4. We request that the order be rectified to [state the correction], and that the demand shown on the portal be updated accordingly. We request an opportunity of hearing if any rectification adverse to us is contemplated.

Enclosures

Copy of the order in Form GST DRC-07 [DRC-03 acknowledgement / the show cause notice / other record showing the error]

Thanking you, For [Legal name of the business] [Name of authorised signatory] [Designation] Place: [Place]

Why you may have received it

  • A show cause notice (DRC-01) was decided against you, in full or in part.
  • No reply was filed or no hearing took place, and the order was passed on the department’s figures.
  • DRC-07A is a different form: it carries a demand under the pre-GST laws onto the GST portal.

How to reply, step by step

  • Read the order: the amounts confirmed, the section it was passed under, and the date it was communicated to you.
  • Decide whether to pay, appeal, or ask for rectification of an obvious error. Rectification does not stop the appeal clock — if you rely on it, file the appeal in time as well.
  • To appeal, file Form APL-01 on the GST portal within three months, with the grounds of appeal and the pre-deposit.
  • Pay the whole of the amount you admit and 10% of the tax in dispute — or, where the order demands only a penalty, 10% of that penalty. Recovery of the balance is then stayed while the appeal is pending.
  • If you are not appealing, pay within three months of the order to avoid recovery proceedings.

What to attach

  • The order in DRC-07 and the show cause notice it decides.
  • Your reply in DRC-06 and the record of any hearing.
  • Proof of the pre-deposit.
  • The documents that support each ground of appeal.

If you do not reply

  • Section 78 makes the amount payable within three months of the order; after that, recovery can begin under section 79, including from your bank account.
  • The appeal window closes: the Appellate Authority can extend it by one month only, and only for sufficient cause.

How to structure the reply

  • Reference: GSTIN, the DRC-07 reference and date, the period.
  • That the application is made within three months of the order.
  • The error, stated exactly, and the record that shows it.
  • The correction asked for.
  • A request for a hearing before any rectification adverse to you.

Common questions

What is DRC-07 in GST?

The summary of an order under section 73, 74 or 74A of the CGST Act confirming a demand of tax, interest and penalty, uploaded on the GST portal under Rule 142(5). The demand then appears in your liability register.

What is the time limit to appeal against DRC-07?

Three months from the date the order is communicated, under section 107(1). The Appellate Authority may allow one further month if you show sufficient cause (section 107(4)), and cannot extend it beyond that.

How much pre-deposit is needed for a GST appeal?

The whole of the amount you admit, plus 10% of the tax in dispute, subject to a cap of ₹20 crore each for CGST and SGST — or, where the order demands only a penalty, 10% of that penalty. Once it is paid, recovery of the rest is stayed while the appeal is pending (section 107(7)).

Can the order be corrected without an appeal?

Only for an error apparent on the face of the record — a wrong figure, a payment ignored, an arithmetical slip. Ask for rectification under section 161 within three months of the order. Anything that needs argument has to go in appeal.

What is DRC-07A?

A different form, used to bring a demand under the laws that existed before GST onto the GST portal so that it can be recovered.

Other notices

Before you rely on this

An explanation of the rules, not advice on your notice. The date printed on your notice governs, and a demand of any size deserves a CA or an advocate before you reply.