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A Jatin Christopher How to Deal with GST Show Cause Notices with Pleadings

From Taxmann
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Author :A Jatin Christopher

Publisher :Taxmann

ISBN No :9789364553179

SKU :TMP64140

Edition :5th Edition 2025

Format :PAPERBACK

HSN No :49011010

Country Region :India

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Description

How to Deal with GST Show Cause Notices (SCNs) — With Pleadings Description

A Show Cause Notice (SCN) under GST is an official notice sent by the tax authorities when they believe there’s non-compliance — like short payment, wrong availment of Input Tax Credit (ITC), or suppression of facts. Responding to it correctly is crucial to avoid penalties or further legal action.


???? Steps to Deal with a GST Show Cause Notice

1️⃣ Understand the Notice

  • Carefully read the SCN to understand:

    • The alleged contravention.

    • The legal provisions invoked.

    • The tax, interest, and penalty amounts.

    • The deadline for reply.

2️⃣ Gather Supporting Documents

  • Collect invoices, payment proofs, GST returns, agreements, reconciliations, and any other relevant documents.

  • Ensure your records are complete and match the claims in your defense.

3️⃣ Drafting the Pleadings (Reply to SCN)

A solid reply usually follows this structure:


???? Format of Pleadings/Reply to GST SCN

1. Heading:
Before the Adjudicating Authority under GST
[Jurisdiction details]

2. Subject:
Reply to Show Cause Notice No. [number] dated [date]

3. Introduction:
State your GSTIN, business nature, and a brief background.

4. Preliminary Objections:
Mention if the SCN is vague, time-barred, lacks proper reasoning, or violates principles of natural justice.

5. Factual Submissions:
Clearly explain the facts of the case:

  • Explain the transaction or compliance steps.

  • Attach documents as evidence.

  • Clarify if any clerical or genuine errors were rectified.

6. Legal Submissions:
Cite relevant GST provisions, circulars, advance rulings, and case law.

  • Show how your action complies with GST law.

  • Argue against misinterpretation or overreach by the department.

7. Prayer / Conclusion:
Politely request the authority:

  • To drop the proceedings.

  • To allow a personal hearing (if not already granted).

  • To provide relief based on your submissions.


⚖️ Practical Tips

  • Always respond within the specified time frame.

  • If needed, request an extension in writing before the deadline.

  • Attend the personal hearing and present your case confidently.

  • Engage a GST consultant or lawyer for complex cases.


???? Sample Prayer Line

"In light of the above submissions and documentary evidences, it is humbly prayed that the Hon’ble Authority may kindly drop the proceedings initiated under the Show Cause Notice and grant an opportunity for personal hearing to explain the matter further, if required."

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Content

Reply to GST Show Cause Notice

Date: [Insert Date]
To,
The Adjudicating Authority
[Jurisdiction/Office Address]

Subject: Reply to Show Cause Notice No. [Insert SCN Number] dated [Insert Date] under the CGST/SGST Act.


Respected Sir/Madam,

We, [Your Business Name], bearing GSTIN [Your GST Number], engaged in the business of [Nature of Business], are in receipt of the above-referred Show Cause Notice issued under Section [Relevant Section] of the Central Goods and Services Tax Act, [Year].

At the outset, we wish to respectfully submit the following detailed reply for your kind consideration:


1?? Preliminary Submissions

  • The SCN appears to have been issued based on [Summarize basis: Audit, Investigation, Annual Return mismatch, etc.].

  • We wish to state that the notice is [mention if: vague, time-barred, lacks proper grounds, etc.].

  • Principles of natural justice require sufficient reasoning and opportunity to explain, which we humbly request.


2?? Factual Background

  • Our business has always adhered to compliance under the GST regime.

  • The discrepancy referred to in the SCN pertains to [mention nature: Input Tax Credit, Output Tax, mismatched returns, etc.].

  • Attached herewith are relevant documents substantiating that [briefly state the justification: payments were made, tax was correctly calculated, clerical error was rectified, etc.].

(Attach Invoices, GSTR-3B/GSTR-1 returns, payment challans, reconciliation statements, contracts, etc.)


3?? Legal Submissions

  • The allegations in the SCN are based on [mention specific assumption or error].

  • As per Section [relevant section] of the CGST Act and judicial precedents [cite any relevant judgments], our position is legally sound.

  • Any inadvertent discrepancies were neither willful nor with malafide intention and do not attract the proposed penalty.


4?? Prayer

In view of the above facts and submissions, we most humbly request your good office to kindly:

  • Drop the proceedings initiated vide the said Show Cause Notice.

  • Allow us the opportunity for a personal hearing to further clarify, if necessary.

  • Pass an order considering the documentary evidence submitted herewith.

We place our full faith in the principles of justice and await your favorable consideration.


Thanking You,
Yours sincerely,
[Authorized Signatory Name]
[Designation]
[Company Name]
[GSTIN]
[Contact Details]


? Attachments:

  1. Copy of SCN.

  2. Tax payment proof.

  3. GST returns (GSTR-1, GSTR-3B).

  4. Reconciliation statements.

  5. Other supporting documents.

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A Jatin Christopher How to Deal with GST Show Cause Notices with Pleadings

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