What to Do When You Get a GST Notice in India
A GST notice is not a conviction — but ignoring it often turns a small discrepancy into a large penalty. Here is exactly what to do, in order.
A GST notice landing in your email or on the GST portal is alarming — but it is not unusual. The GST department issues hundreds of thousands of notices every year, covering everything from minor mismatches in GSTR-1 and GSTR-3B to major scrutiny of input tax credit claims. The difference between a notice that costs you Rs 5,000 and one that costs Rs 5 lakh is almost always how quickly and accurately you respond. Here is a clear-headed walkthrough of what you are actually dealing with and what to do next.
Why GST notices are issued
The GST department's automated system flags returns for discrepancies constantly. Most notices are generated by software, not by a human officer sitting at a desk with a grudge. Common triggers include:
- GSTR-1 vs GSTR-3B mismatch: The outward supplies you declared in GSTR-1 do not match what you reported in GSTR-3B for the same period.
- ITC mismatch: Input tax credit you claimed in GSTR-3B does not appear in GSTR-2A/2B (because your supplier filed late or not at all).
- Late or non-filing: You missed filing GSTR-1, GSTR-3B, or GSTR-9 for one or more periods.
- Excess ITC claim: You claimed credit on items that appear restricted or ineligible under Section 17(5) of the CGST Act.
- E-way bill vs invoice discrepancy: Goods moved under an e-way bill but the corresponding invoice details do not match the return.
- Annual return scrutiny: GSTR-9 (annual return) values diverge significantly from the monthly returns filed for the same year.
Step 1 — Read the notice carefully and note the deadline
This sounds obvious, but many business owners panic and either ignore the notice or call someone without actually reading it. Before anything else, open the notice on the GST portal (Services → User Services → View Notices and Orders) and note three things: the notice type and form number, the financial year and period it relates to, and the response deadline. Missing the response deadline automatically escalates your exposure — the department can pass an ex-parte order (a ruling made without hearing your side) and raise a demand with interest and penalty from that date.
Common GST notice types explained
Understanding which notice you have received tells you how serious it is and what kind of response is required.
- ASMT-10 (Scrutiny Notice): The most common. The department has found a discrepancy in your returns and wants an explanation. This is not yet a demand — it is a request to justify or rectify. Respond via ASMT-11 on the portal.
- ASMT-14 (Assessment Order after non-response): Issued when you did not respond to ASMT-10. The officer now determines your tax liability. This is more serious and can be appealed.
- REG-17 (Show Cause Notice for Registration Cancellation): Your GST registration is at risk of cancellation, usually for non-filing or for being found non-operational at the registered address.
- Section 73 SCN (Non-fraud cases): Demand for tax that was not paid or was short paid, where fraud is not alleged. The maximum penalty is 10% of the tax amount or Rs 10,000, whichever is higher.
- Section 74 SCN (Fraud or suppression cases): The department alleges deliberate evasion. Penalty can be up to 100% of the tax amount — significantly more serious. A CA or tax advocate is essential here.
- DRC-01 (Summary of demand): Issued alongside a Show Cause Notice. It summarises the amount the department believes you owe. Responding to the SCN is what matters — not DRC-01 alone.
Step 2 — Gather your records for the period in question
Before you can respond to any notice, you need the underlying data. Pull together:
- Your GSTR-1, GSTR-3B, and GSTR-2A/2B for every period mentioned in the notice.
- The purchase invoices and sale invoices for transactions the department has flagged.
- Bank statements for the period — some officers ask for these to cross-verify turnover.
- If the notice relates to ITC: the supplier's GSTIN status at the time of purchase and their filing record for those periods.
- Any correspondence with the tax department related to this period.
Many notices resolve at this step. When you look at the actual data, the discrepancy is often a filing error that you can correct proactively — by filing an amendment in GSTR-1 or paying the differential tax with interest via DRC-03 before the response deadline. Voluntary payment before the order is passed significantly reduces penalty exposure.
Step 3 — Respond formally through the GST portal
All responses must be filed through the GST portal — not by email, not by visiting the office unless specifically summoned. Log in to gstin.gov.in, navigate to Services → User Services → View Notices and Orders, locate the notice, and click Reply. The response form will differ by notice type.
- For ASMT-10: Use the ASMT-11 form. Provide a point-by-point explanation of each discrepancy with supporting documents attached (PDF, under 5MB each).
- For Section 73/74 SCN: File a detailed written reply addressing each allegation. Attach invoices, bank statements, supplier GST registration certificates, and any reconciliation statements.
- For REG-17: Respond within 7 working days with evidence that your business is operational — photographs of premises, recent invoices, utility bills.
Need help drafting your response?
A [CA on TrunkCall](/find/chartered-accountants) can review the notice, prepare the reply, and file it on your behalf — in a single session, no monthly retainer.
Talk to a CA now →What NOT to do when you receive a GST notice
- Do not ignore it. A single ignored notice can trigger an assessment order, then a recovery action. The department can attach your bank account under Section 79 to recover tax dues without a court order.
- Do not respond emotionally or defensively. The reply goes on the official record. Anything you write must be factually supported — unsupported claims weaken your case.
- Do not assume it will go away. India's GST compliance enforcement has strengthened year on year. Pending notices do not expire quietly.
- Do not pay without understanding the demand. If the department's calculation is wrong, paying it implies you agree. Dispute first, pay only what is legitimately owed.
- Do not share your login credentials with unverified consultants. Your GST portal login gives access to your entire filing history and the ability to submit returns.
When to involve a CA or GST practitioner
For a straightforward ASMT-10 notice about a small GSTR-1 vs GSTR-3B mismatch that you can explain with data, a competent in-house accountant can often handle the response. But these situations warrant professional help immediately:
- The notice is under Section 74 (fraud or suppression alleged) — the stakes are categorically higher.
- The tax demand is above Rs 1 lakh — the response needs careful legal framing.
- The notice relates to ITC reversal and you believe the credit was legitimately claimed.
- You have received an assessment order (ASMT-14) and want to appeal to the Appellate Authority.
- The notice involves multiple periods or years — reconciliation across several returns is time-consuming and error-prone without professional tools.
A qualified CA who handles GST regularly will know the current adjudication patterns at your jurisdiction's GSTIN office — which arguments the department accepts, which documents officers typically ask for in the second round, and how to structure the response to close the matter at the notice stage rather than letting it escalate to an appeal.
What happens after you respond
After you submit your reply on the portal, the tax officer reviews it. Possible outcomes: (1) the officer is satisfied and the notice is dropped — you receive an order closing the proceeding; (2) the officer finds the response partly acceptable and issues a revised demand for the remaining amount; or (3) the officer rejects the reply and passes an assessment order confirming the original demand. In outcomes (2) and (3), you can pay under protest and appeal to the first Appellate Authority (the Additional/Joint Commissioner of GST) within 3 months of the order date, along with a pre-deposit of 10% of the disputed tax.
Frequently asked
How long do I have to respond to a GST notice?
It depends on the notice type. ASMT-10 scrutiny notices generally allow 30 days from the date on the notice. Show Cause Notices under Section 73 or 74 must be responded to within the timeline stated in the notice itself, which is often 30 days but can be shorter. REG-17 (registration cancellation) notices give 7 working days. Always count from the date on the notice, not the date you saw it — portal delays do not extend deadlines.
What happens if I ignore a GST notice?
If you do not respond to an ASMT-10 notice, the officer can issue ASMT-14 — a best judgement assessment — and raise a demand based on their calculation rather than your actual data. This demand typically includes tax, interest (18% per annum under Section 50), and penalty. The officer can then initiate recovery proceedings, including attaching your bank account or property under Section 79 of the CGST Act, without needing a court order.
Can I respond to a GST notice myself without a CA?
Yes, for simple discrepancy notices where the mismatch is small and explainable — a data entry error in GSTR-1, a supplier who filed late, or a period where you under-reported and are willing to pay the difference. File the response on the GST portal via the reply option on the notice. For notices involving ITC disputes, fraud allegations (Section 74), or demands above Rs 50,000, professional help significantly improves the outcome and is almost always worth the cost.
What is the difference between ASMT-10 and a Show Cause Notice?
ASMT-10 is a scrutiny notice — the department has identified a discrepancy and wants your explanation before taking any action. It is the least serious category. A Show Cause Notice (SCN) under Section 73 or 74 is a formal legal proceeding: the department is alleging specific tax evasion or non-payment and asking you to show cause why the stated amount should not be demanded from you, along with interest and penalty. SCNs require formal legal replies and carry significantly higher penalty exposure.
Can a GST notice lead to criminal prosecution in India?
Criminal prosecution under the CGST Act is reserved for serious cases — deliberate evasion of tax exceeding Rs 5 crore, repeated fraudulent ITC claims, issuance of fake invoices, or obstruction of a GST officer. Most small business notices involve administrative and financial penalties, not criminal proceedings. If you receive a notice mentioning Section 132 (offences and penalties) or if enforcement officers visit your premises, you need a GST tax advocate immediately — not just a CA.
How do I check if a GST notice is genuine?
Genuine GST notices are always accessible on the official GST portal (gstin.gov.in) under Services → User Services → View Notices and Orders. They carry a reference number (DIN — Document Identification Number) that can be verified. If someone calls you claiming to be a GST officer and demands immediate payment over the phone or via UPI, that is a scam — the GST department does not communicate by phone calls and does not accept payments outside the portal or designated bank challans. Always verify the notice on the portal before taking any action.
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