How to correct a NIL GST return filed by mistake when actual sales existed using DRC-03?

By mistake, my business filed NIL GSTR-3B returns for June, July, and August 2025, even though we had active sales of ₹11 Lakhs in each of those months.
I want to correct this mistake voluntarily before getting any notice from the tax department.
  1. Can I pay this tax liability with interest using Form DRC-03 under Section 73(5) to get a 0% penalty?
  2. Will the department treat this as a fraud/suppression case (Section 74) just because a NIL return was filed, or can it be cleared as a genuine clerical mistake?
  3. Since the delay is now over a year, should I file one single DRC-03 covering all three months?
I am ready to pay the mandatory 18% interest via cash. Looking forward to advice from CAs and tax professionals. Thank you!
Replies (2)
Quick Summary
A business mistakenly filed NIL GSTR-3B returns for several months despite having significant sales. They are seeking advice on how to rectify this error before it attracts departmental attention. The discussion explores whether Form DRC-03 is the appropriate method for voluntary tax payment with interest, or if amending the GSTR-1 and subsequent GSTR-3B returns is the correct procedure. Advice is sought on avoiding penalties and ensuring the mistake is treated as clerical rather than fraudulent.

Hoping that both GSTR1 & GSTR 3B were  filed nil in the month of June , July, Aug 25 , So for F.Y 25-26 correction in the GSTR1 & GSTR 3B , Can be done on or before 30 th November 26 , as per section 37(3) of the CGST Act for GSTR1 , and section 39(9) of the CGST Act for GSTR3B ( please refer) 

Therefore if you can report June , July , Aug 25  tax liability, in GSTR1 & GSTR 3B  along with correct interest, in the August 26 return, which you are going to file in the month of September 26 .

Considering above DRC03 not required, you can still discharge your tax liability through GSTR1 & GSTR3B up to 30 th November cutoff date. 

Take more opinion as well. 

 

DRC-03 is not the right route here. DRC-03 is for voluntary tax payment in specific situations such as audits, investigations, or where an officer has raised a demand. It does not amend your return record.

For a NIL GSTR-3B filed by mistake when there were actual sales, the correct path is:

1. GSTR-1 amendment: Report the missed B2B invoices in Table 9A or Table 10 (B2C) in the current period GSTR-1. This corrects the outward supply record.

2. Next GSTR-3B: Declare the omitted tax liability in Table 3.1 along with current period figures and pay the correct total tax at filing.

3. Interest: 18% per annum from the original due date to date of actual payment.

IMPORTANT: If the period is closed for GSTR-1 amendments, professional guidance is needed on the best path forward.

For the step-by-step on NIL return consequences and correction options, this [GST nil return guide](https://taxgarden.in/blog/gst-nil-return-filing-gstr-1-gstr-3b-sms-portal-guide-2026) covers what happens after a nil is filed and how to rectify it.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details