GST Notice

The Goods and Services Tax (GST) regime in India is designed to ensure tax compliance through transparency, digitization, and real-time monitoring. One of the mechanisms used by the government to ensure this compliance is the issuance of GST Notices. If you’re a registered GST taxpayer, receiving a notice from the GST department may seem alarming—but it’s also common.

This article explains what a GST notice is, its types, why it is issued, how to respond to one, possible penalties, and best practices to avoid receiving one in the first place.


What is a GST Notice?

A GST notice is a formal communication issued by GST authorities to taxpayers when there is a discrepancy, non-compliance, delay, under-reporting, or suspicion of tax evasion. It serves as an intimation that the taxpayer needs to either provide clarification, pay outstanding dues, or correct a mistake.

Notices are sent electronically on the GST Portal and also via email or SMS linked to the taxpayer’s GST registration.


Reasons for Receiving a GST Notice

Some of the most common reasons include:

  • Non-filing or delayed filing of GST returns (GSTR-1, GSTR-3B, GSTR-9)
  • Mismatch in sales/purchase invoices (GSTR-1 vs. GSTR-3B or vs. GSTR-2A/2B)
  • Excess or ineligible claim of Input Tax Credit (ITC)
  • Tax evasion or suppression of turnover
  • Wrong HSN/SAC code usage or incorrect GST rate
  • High-value cash transactions without proper invoices
  • Failure to generate e-invoices or e-way bills when required
  • Non-payment of GST despite tax collection

Types of GST Notices

There are several kinds of notices a registered person may receive. Here are the most common ones:

1. GSTR-3A Notice – Non-Filing of Returns

Issued when a taxpayer fails to file monthly or quarterly GST returns within the due date. It’s an intimation to comply before penalties are levied.

Action: File the pending returns immediately to avoid penalties and late fees.


2. Notice under Section 61 – Scrutiny of Returns

Issued when discrepancies are found in GSTR-1 and GSTR-3B or other returns.

Example: Your GSTR-1 shows ₹10 lakh in sales, but GSTR-3B reflects only ₹8 lakh.

Action: Respond with supporting documents or correct the returns if a genuine error exists.


3. Notice under Section 65 – Audit by Tax Authorities

Issued when the department conducts a tax audit of your business to check records and compliance.

Action: Cooperate with the audit and furnish required records—like books of accounts, invoices, and reconciliation statements.


4. Notice under Section 67 – Inspection/Search/Seizure

Issued when the department suspects tax evasion, fraud, or suppression of turnover.

Action: Serious in nature—consult a GST consultant immediately and ensure all documents are in order.


5. Notice under Section 73 – Tax Not Paid/Short Paid (Without Fraud)

Issued when tax has not been paid or short paid without fraudulent intention or suppression of facts.

Time limit: Within 3 years from the due date of filing the annual return.

Action: Pay tax with interest, or reply with evidence to defend your case.


6. Notice under Section 74 – Tax Not Paid (With Fraud)

Issued when tax is unpaid or underpaid with intention to evade tax, fraudulent documentation, or suppression.

Time limit: 5 years from the due date.

Action: Serious consequences. Legal assistance is recommended.


7. Show Cause Notice (SCN)

A notice asking the taxpayer to explain why action (penalty, recovery, or cancellation of registration) should not be taken.

Example: “Why should your registration not be cancelled for non-filing of returns for 6 months?”

Action: Provide a satisfactory reply with documentation within the stipulated time.


8. ASMT-10 – Discrepancy in Return Scrutiny

Issued when the officer finds inconsistencies during return scrutiny.

Example: ITC claim is much higher than eligible credit as per GSTR-2B.

Action: Respond within 15 days using form ASMT-11, along with explanations and records.


9. REG-03 – Clarification on GST Registration Application

Issued when the GST officer requires additional details for registration approval.

Action: Respond via REG-04 within 7 working days.


10. CMP-05 – Composition Scheme Violation

Issued to composition scheme taxpayers found ineligible or violating rules.

Action: Respond with justification or shift to regular taxpayer status.


How to Respond to a GST Notice

Step 1: Read Carefully

Login to the GST portal, download the notice, and read it thoroughly. Understand the section number, reason, and required response.

Step 2: Consult Your Accountant or GST Practitioner

Engage a qualified professional to evaluate the issue and draft a response.

Step 3: Prepare the Response

Prepare a written reply, attach relevant documents like:

  • Sales/purchase invoices
  • Return filings
  • Reconciliation statements
  • Payment challans
  • Clarification letters

Step 4: File the Reply Online

Most notices have to be responded to through the “View Notices and Orders” section on the GST portal.

Step 5: Keep Acknowledgment

Save the acknowledgment, screenshots, and final response PDF for your records.


Penalties for Not Responding to GST Notices

Failure to respond or comply with a GST notice may lead to:

  • Monetary penalties (up to 100% of tax amount)
  • Interest on outstanding tax
  • Suspension or cancellation of GST registration
  • Blocking of e-way bills and e-invoicing
  • Recovery of tax dues through bank account attachment
  • Prosecution and imprisonment (in severe fraud cases)

How Accountants and Tax Consultants Help

✅ Analyze the Notice

A professional can interpret complex legal language and identify the issue.

✅ Draft Accurate Responses

Helps prepare well-structured replies with correct formats and attachments.

✅ Represent Before Authorities

In some cases, a Chartered Accountant or GST Practitioner can represent you during hearings.

✅ Preventive Compliance

Accountants ensure timely return filing, correct ITC claims, and avoid future notices.


Best Practices to Avoid GST Notices

  • File GST returns on time (GSTR-1, 3B, 9, etc.)
  • Reconcile GSTR-2A/2B with purchase invoices monthly
  • Avoid claiming ineligible ITC
  • Maintain proper books of accounts
  • Ensure e-invoice and e-way bill generation as required
  • Cooperate with audits and provide documents promptly
  • Use automated GST filing software or a professional accountant

Conclusion

Receiving a GST notice is not necessarily a cause for panic. It’s a part of the government’s tax monitoring and compliance procedure. What’s important is how timely and accurately you respond to it. Whether it’s a minor discrepancy or a serious audit issue, always consult a qualified GST accountant or practitioner.

Staying proactive, maintaining proper records, and adopting sound accounting practices can help you avoid GST notices, minimize risks, and keep your business compliant.

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