Confusion while reading Section 76 along with Section 73/74

[Punit Agarwal]

How can Section 76 be differentiated from Section 73/74?

Say for E.g.

If i have not deposited the tax beyond 3 months of due date of filling GSTR-3B but correctly disclosed tax payable in GSTR-1, under which section can Department demand Tax.

The Area of concern for me is the Penalty.

Section 76 asks for 100 Penalty and 73/74 asks for Lower rates of penalty (Lowest being Nil and 15% respectively)

AI Summary

Retention of collected tax triggers strict deposit obligation and a distinct, more serious penalty regime than mistake-based defaults.
Section 73 covers penalties for bona fide mistakes without intent to evade, while Section 74 targets mala fide intent to evade tax. Section 76 specifically prohibits retaining tax amounts collected from supplies-whether those supplies were taxable or not-and requires deposit of such collections into the government treasury; retaining collected tax invokes the distinct and more serious penalty regime under Section 76 compared with Sections 73/74.