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GST Notice Reply litigation

Once the payment is made, the reply letter in the required format must be submitted to the tax authority that issued the notice. If the taxpayer fails to respond to the GST notice within the specified timeframe, they may incur penalties and face further consequences as determined by the GST law.

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Why Should I Use Auriga Accounting of GST Notice Reply litigation?

Auriga Accounting has a team of registration experts who can provide complete guidance to GST Notice Reply litigation.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Filing

Complete your Filing

Complete Your GST Notice Reply litigation

OVERVIEW - GST Notice Reply litigation

GST notices are official communications issued by GST authorities to taxpayers for various purposes. These notices serve as reminders, highlight compliance defaults, or request additional information from taxpayers. They play a crucial role in ensuring tax compliance and maintaining the smooth functioning of the GST system.

What is Annual Compliance For a One person Company?

Types and Reasons for GST Notice Reply litigation

GST notices may have different names, depending on the nature of the issue and the required taxpayer action. Common reasons for receiving a GST notice include:

  • Failure to register under GST when legally required.
  • Late or non-filing of GST returns.
  • Underpayment or non-payment of GST liabilities.
  • Incorrect claims of Input Tax Credit (ITC)

Types of GST Notice Reply litigation

Depending on the severity of the issue and required taxpayer action, notices can be categorized as:

  • Show Cause Notices (SCN) – Issued when authorities require justification for a non-compliance.
  • Scrutiny Notices – Sent when discrepancies are identified in GST returns.
  • Demand Notices – Raised for tax recovery in case of unpaid dues.

Responding to GST Notice Reply litigation

Effectively addressing GST notices is crucial to ensuring compliance and avoiding penalties. Follow these steps to navigate the response process:

  1. Review the Notice – Carefully read the GST notice to understand the issue, discrepancies, or required action.
  2. Gather Documentation – Collect all relevant records, invoices, and supporting evidence related to the notice.
  3. Access the GST Portal – Log in using your credentials to draft and submit your response.
  4. Use Digital/E-Signature – Authenticate your response using a digital signature or e-signature as required.
  5. Clear Any Dues – If the notice involves outstanding tax, interest, or penalties, make the necessary payments before submission.
  6. Submit Your Response – File your reply through the GST portal, ensuring all required documents and justifications are attached.
  7. Maintain Records – Keep copies of all notices, responses, and payment receipts for future reference.

Taxpayers must respond within the stipulated timeline. Ignoring or delaying a reply can lead to:

  • Hefty penalties and legal consequences.
  • Prosecution for willful default.
  • Further scrutiny and action from tax authorities

Consequences of Ignoring GST Notice Reply litigation

Failure to respond within the given timeframe can result in:

  • Fines and penalties as per GST laws.
  • Legal proceedings or further scrutiny from tax authorities.
  • Additional liabilities, including interest on unpaid taxes.

GST Notice Reply litigation Purpose and Implications

GST Authorities issue notices as formal communications to taxpayers, serving as reminders, warnings, or requests for additional information. These notices typically highlight non-compliance with GST laws or suspicious activities detected through tax return scrutiny, third-party reports, or interdepartmental insights.

Common Reasons for GST Notice Reply litigation

GST notices are issued under various circumstances, including:

  • Unregistered Business Activity – Failing to register under GST when legally required.
  • Non-Filing or Delayed Filing – Late or missing GST return submissions.
  • Non-Payment or Underpayment of GST – Defaulting on tax dues or making short payments.
  • Excess Input Tax Credit (ITC) Claims – Claiming more ITC than eligible.
  • Unreported Goods or Services Movement – Engaging in transactions without declaring them for tax purposes.

Types of GST Notice Reply litigation

Depending on the severity of the issue and required taxpayer action, notices can be categorized as:

  • Show Cause Notices (SCN) – Issued when authorities require justification for a non-compliance.
  • Scrutiny Notices – Sent when discrepancies are identified in GST returns.
  • Demand Notices – Raised for tax recovery in case of unpaid dues.

Types of GST Notice Reply litigation under GST law

Sl no

Name of the Form- Notice

Description

Reply or Action to be taken

Time limit to respond

Consequence of non-response

1

GSTR-3A

Default notice to non-filers of GST returns in GSTR-1 or GSTR-3B or GSTR-4 or GSTR-8

File the particular GST Returns, that is yet to be filed along with late fees for the delay and interest on the GST liability, if any

15 days from the date of receiving notice

Tax is assessed to the best judgment using the information available with the department.   The penalty will be applicable of Rs. 10,000 or 10% of the tax due, whichever is higher.

2

CMP-05

Show cause notice – Questioning the eligibility to be a composition dealer

Must justify reasons as to why the taxpayer should continue to be eligible for the composition scheme

15 days of receipt of the notice

The penalty stipulated under section 122 and order in CMP-07 denying the benefit of composition scheme

3

REG-03

At the time of verifying the application for GST registration, a notice can be sent requiring the clarification for the information provided in the application or documents needed for verification. Also, the same form for the notice is applicable for amendment of GST registration

Reply letter in REG-04 with clarification or the information

Within 7 working days from the date of receiving the notice

Reject such application and inform the applicant electronically in REG-05.

4

REG-17

Show cause notice why should the GST registration not be cancelled for the reasons laid down in the notice

Reply letter in REG-18 with the reasons for non-cancellation of GST registration

Within 7 working days from the date of receiving the notice

Cancellation of GST registration in REG-19

5

REG-23

Show cause notice why the cancellation of GST registration must be revoked, for the reasons laid down in the notice

Reply letter in REG-24

Within 7 working days from the date of receiving the notice

Cancellation of GST Registration will be revoked

6

REG-27

In case of migration into GST by taxpayers of the VAT regime, a notice can be issued in REG-26 within the time limit prescribed, for not making application after obtaining provisional registration or not giving correct or complete details therein

Reply by applying in REG-26 and appear before the tax authority giving reasonable opportunity to be heard

None prescribed

Issue the cancellation of provisional registration in REG-28

7

PCT-03

Show cause notice for misconduct by the GST practitioner

Reply within the time prescribed in the show cause notice

Within the time prescribed in the show cause notice

Order the cancellation of the license as GST practitioner

8

RFD-08

Show cause notice as to why the GST refund must not be made to the applicant (taxpayer)

Reply letter in RFD-09

Within 15 days of receipt of notice

Make an order in RFD-06 for rejecting the GST Refund application

9

ASMT-02

Notice for Seeking Additional Information for provisional assessment under GST

Reply in ASMT-03 along with documents

Within 15 days from the date of service of this notice

Application for provisional assessment may be rejected

10

ASMT-06

Notice for seeking additional information for Final assessment under GST (for those who applied for provisional assessment)

Reply in 15 days of receipt of the notice

Within 15 days from the date of receipt of this notice

ASMT-07 can be passed without considering the views of taxpayer being assessed

11

ASMT-10

Scrutiny notice -Notice for intimating discrepancies in the GST return after scrutiny along with tax, interest and any other amount payable in relation to such discrepancy, if any

Reply in ASMT-11 giving reasons for discrepancies in the GST returns

Within the time prescribed in the show cause notice or a maximum time of thirty days from the date of service of notice or such deadline notified

Proceed to assess the taxpayer based on information at hand – may lead to prosecution and penalty

12

ASMT-14

Show Cause Notice for assessment under section 63- reasons for conducting the assessment on the best judgment basis

Reply in written form and appear before the GST authority issuing the notice

Within 15 days of notice

Assessment order in ASMT-15, may not be favouring the assessee

13

ADT-01

Notice for conducting audit by Tax authority under Section 65

Attend in person as directed in the notice or produce records

Within the time prescribed in the notice

If not, it is presumed that taxpayer does not possess books of accounts and proceedings will be initiated

14

RVN-01

Notice under section 108 issued to the taxpayer by the revisional authority before passing the revision order of appeals, giving the opportunity of being heard. Order of revision is usually passed to fix errors in order for appeals passed under section 108

Reply within the prescribed time and/or appear before the GST authority passing the order of revision on a given date and time

Within 7 working days from the date of service of the notice

The case will be decided ex parte on the basis of available records and on merits

15

Notice of Enquiry by Directorate of Anti-profiteering

Where the supplier has not passed on the benefit of ITC or reduced GST rates to the recipient/consumer, proceedings may be initiated by the Directorate of anti-profiteering. All interested parties will get a notice asking for more details.

Cooperate in the proceedings and provide evidence, if any

As may be specified in the notice

Proceedings will be initiated ex parte on the basis on available evidence.

16

DRC-01

Show cause Notice for Demand of Tax- Is issued for demanding tax paid shortly or not paid with or without an intent to defraud. It is served along with a statement of details in DRC-02

Reply in DRC-03 for paying the amount of tax demanded in the notice along with Interest and penalty*, if any applicable. Use DRC-06 to reply to the show cause notice *Note: Where no fraud is committed, the penalty is chargeable only if payment is made beyond the thirty days time limit

*Within 60 days of receipt of the notice

Order can be passed with higher penalty or prosecution- within three years from the due date of annual returns for the particular financial year for which tax is demanded

17

DRC-10   And   DRC-17

Notice of Auction of Goods under section 79(1)(b) of the Act- Reference to the order of demand will be given, being the order for recovery through specified officer under section 79 OR Recovery through execution of decree

Must be able to pay the outstanding demand as per DRC-09

As may be specified in notice before the sale. Note that the last day of the bid or the last day of the auction cannot be before 15 days from the date of issue of the notice

Proceed to e-auction and sale

18

DRC-11

Notice to the successful bidder

Pay the full bid amount

Within the 15 days from the date of the auction

The proper officer can conduct a re-auction

19

DRC-13

Notice of Recovery of outstanding tax from a third person

Deposit the amount specified in the notice and reply in DRC-14

Not applicable

Deemed to be a defaulter in respect of the amount specified in the notice and can be subject to prosecution and penalties

20

DRC-16

Notice for attachment and sale of immovable/movable goods/shares under section 79

A taxpayer receiving  this notice is prohibited from transferring or creating a charge on the said goods in any way and any transfer or charge created by you shall be invalid

Not applicable

Any contravention of the notice can invite prosecution and/or pen

Objectives of Scrutiny Assessment

The primary goal of scrutiny assessment is to verify the accuracy of GST return details, ensuring compliance with tax laws. This includes checking:

  • Input Tax Credit (ITC) eligibility vs. actual claims.
  • Tax liability vs. tax paid.
  • Ineligible exemptions or ITC claims.

Tax officers rely on predefined risk parameters to determine if a scrutiny notice should be issued. If potential risks of default or fraud are identified, the officer may initiate scrutiny assessment. However, since scrutiny assessment is not a legal or judicial proceeding, no order (except ASMT-12) can be issued as a direct outcome.

 

Automated Return Scrutiny Module

In May 2023, the Automated Return Scrutiny Module was introduced for tax periods from FY 2019-20 onwards. Integrated with the ACES-GST backend system, this module enables tax officers to conduct GST scrutiny faster, more transparently, and efficiently.

With increased automation, taxpayers may see a rise in scrutiny notices and penalties for non-compliance. Businesses must take proactive steps, including:

  • Ensuring GST-compliant invoicing.
  • Conducting robust reconciliations.
  • Filing accurate and timely returns.
  • Responding promptly to GST notices in Form ASMT-10.

GST Notice Reply litigation (ASMT-10): Key Details

  1. Form Used:
  • Scrutiny notices are issued in Form ASMT-10, highlighting discrepancies and potential tax, interest, or penalties.
  • Taxpayers must submit their response using Form ASMT-11.
  1. Mode of Notice:
  • Notices may be sent via SMS or email by the tax officer.
  1. Timelines for Response:
  • No fixed deadline exists for receiving a scrutiny notice.
  • Taxpayers must respond within 30 days from the date of issue.
  • A 15-day extension may be requested, if needed.
  1. Notice Contents (ASMT-10):
  • Basic details – GSTIN, taxpayer name, address, and tax period.
  • Discrepancy Observed – Specific discrepancies detected, requiring an explanation.
  • Tax Officer Details – Document Identification Number (DIN), officer’s name, signature, and designation.

Get more details

Types of Notices under GST law

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