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Rakesh Garg Sandeep Garg How to handle GST Notices, Scrutiny, Assessment and Adjudication

From Commercial Law Publishers
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Author :Rakesh Garg Sandeep Garg

Publisher :Commercial Law Publishers

ISBN No :978-9356036086

SKU :CLA362

Edition :3rd edition 2025

Pages :672

Format :Paperback

HSN No :49011010

Country Region :India

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Description

Handling GST Notices, Scrutiny, Assessment & Adjudication (India)

Dealing with GST compliance involves not only regular filing and tax payments but also responding appropriately to notices and proceedings initiated by tax authorities. Here's a breakdown of each stage and how to handle them effectively:


1. GST Notices

What is a GST Notice?

A GST notice is a formal communication sent by the GST Department for seeking clarification, rectifying discrepancies, or taking action for non-compliance.

???? Common Types of GST Notices:

Form Purpose
REG-03 Clarification related to GST registration
GSTR-3A Default in return filing
CMP-05 Show-cause for composition scheme ineligibility
ASMT-10 Discrepancy in return scrutiny
DRC-01 Show cause notice for tax shortfall or fraud
PCT-03 Misconduct by GST practitioner

✅ How to Respond:

  • Log in to the GST Portal

  • Go to Services → User Services → View Notices and Orders

  • File a timely and factual response with supporting documents

  • Use professional help if the matter is technical or legal in nature


????️‍♂️ 2. GST Scrutiny of Returns

???? What is Scrutiny?

Scrutiny is when the GST officer examines returns (GSTR-1, GSTR-3B, etc.) for discrepancies such as:

  • Mismatch between GSTR-1 & GSTR-3B

  • Difference between ITC claimed vs. GSTR-2B

  • Underreporting of turnover

???? Notice Format: ASMT-10

✅ How to Handle:

  • Carefully go through the notice points

  • Use reconciliation statements and accounting records

  • Respond using Form ASMT-11 within the stipulated time (typically 30 days)

  • If the officer is satisfied, they will issue ASMT-12 (acceptance of reply)


???? 3. GST Assessment

Types of Assessment under GST:

Type Details
Self-assessment Regular return filing by taxpayer
Provisional Allowed when proper documents are not available
Scrutiny assessment Done during return examination
Best judgment If no return is filed despite notices
Summary assessment Done quickly to protect interest of revenue (Form ASMT-16)

✅ Handling Tips:

  • Always maintain proper books of accounts and records

  • File returns even if NIL to avoid best judgment assessment

  • Cooperate and submit required documents promptly


⚖️ 4. GST Adjudication

What is Adjudication?

Adjudication is the legal process of settling disputes like tax liability, classification issues, or penalties under GST.

Initiated by: SCN (Show Cause Notice) in Form DRC-01

Process:

  1. Notice issued (DRC-01) for tax evasion, fraud, etc.

  2. Taxpayer must reply using Form DRC-06

  3. Hearing may be conducted

  4. Order passed using Form DRC-07 with details of tax, penalty, and interest

✅ How to Handle:

  • Treat show cause notices seriously

  • Draft a strong, documented reply

  • Appear for hearings (physical/online)

  • You can appeal the order within 3 months (Form GST APL-01)


???? Tips to Manage GST Litigation Smoothly

  • Keep all GST records and reconciliations updated

  • Monitor the GST portal regularly for notices

  • Respond within deadlines — delays lead to penalties

  • Consult a CA or GST practitioner for technical notices

  • Attend personal hearings if scheduled

  • Maintain a trail of communications and acknowledgments


???? Common Forms and Their Use

Form Purpose
ASMT-10 Notice for return scrutiny
ASMT-11 Reply to scrutiny notice
ASMT-12 Acceptance of explanation
DRC-01 SCN for tax demand
DRC-06 Reply to SCN
DRC-07 Final order
GSTR-3A Default notice for return non-filing
APL-01 Filing an appeal

✅ Summary Checklist:

  • ???? Read notices carefully and note the due date

  • ???? Gather evidence and reconcile data

  • ✍️ Respond using the correct form

  • ⚖️ Prepare for hearings if required

  • ???? Track timelines for appeals or replies

  • ???? Get professional help for legal or high-value matters

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Content

Handling GST Notices, Scrutiny, Assessment & Adjudication


1. GST Notices

What is a GST Notice?

A GST notice is an official communication sent by the GST department to a taxpayer for various reasons, such as non-compliance, discrepancies in returns, or demand for payment.

Common Types of GST Notices:

Form Purpose
REG-03 Seeks clarification for GST registration
GSTR-3A Issued for failure to file GST returns
CMP-05 Show-cause for ineligibility under composition scheme
ASMT-10 For scrutiny of returns
DRC-01 Show cause notice for tax demand or evasion
PCT-03 Notice to a GST practitioner for misconduct

How to Respond:

  • Log in to the 

  • Navigate to: Services > User Services > View Notices and Orders

  • Read the notice carefully and gather necessary documents

  • Submit a clear, factual reply with supporting evidence

  • Respond within the time specified (usually 15–30 days)


2. GST Scrutiny of Returns

What is Scrutiny?

Scrutiny of returns refers to the detailed examination of GST returns (like GSTR-1, GSTR-3B) to identify mismatches, underreporting, or inconsistencies.

Common Discrepancies Noticed:

  • Mismatch between GSTR-1 and GSTR-3B

  • ITC claimed in GSTR-3B is higher than GSTR-2B

  • Turnover declared under GST vs. income tax return

  • Differences in e-way bills and GSTR data

Notice Format: ASMT-10

How to Respond:

  • Identify the discrepancies highlighted

  • Reconcile your records and prepare a justification

  • Respond using Form ASMT-11 within the due date

  • If satisfied, the officer will close the case via Form ASMT-12


3. GST Assessment

Types of Assessment:

Type Description
Self-assessment Done by the taxpayer through regular return filing
Provisional assessment Done when the taxpayer is unable to determine value/tax rate
Scrutiny assessment When discrepancies are found during return examination
Best judgment Done when no return is filed even after notice (e.g., GSTR-3A)
Summary assessment Immediate assessment to protect revenue interest (Form ASMT-16)

Handling Assessment:

  • Maintain books and GST filings accurately

  • Respond to notices and submit documents promptly

  • Cooperate during proceedings to avoid escalation


4. GST Adjudication

What is Adjudication?

Adjudication is the legal process by which a tax authority settles a dispute, demand, or non-compliance under GST law.

Triggered by: Show Cause Notice (SCN) – Form DRC-01

Process:

  1. GST Officer issues DRC-01 (SCN) detailing demand/violation

  2. Taxpayer must reply using DRC-06 with all evidence

  3. A hearing may be scheduled

  4. Final order is passed in DRC-07 (tax, interest, penalty confirmed)

Actions Post-Adjudication:

  • If you agree with the order: Pay the amount and close the case

  • If you disagree: File an appeal within 3 months using Form APL-01


5. Appeals and Further Action

Appeal Process:

  • Appeal to Appellate Authority using Form GST APL-01

  • File within 3 months of receiving adjudication order

  • Pre-deposit of 10% of disputed amount is required


6. Key Forms Overview

Form Purpose
ASMT-10 Notice for scrutiny of return
ASMT-11 Reply to scrutiny notice
ASMT-12 Acceptance of reply
DRC-01 Show cause notice for tax demand
DRC-06 Reply to SCN
DRC-07 Final adjudication order
APL-01 Appeal to the Appellate Authority
GSTR-3A Notice for non-filing of returns

7. Best Practices for Handling GST Notices and Adjudication

  • ?? Stay compliant: File returns on time, maintain proper records

  • ???? Regular reconciliations: Match GSTR-1, GSTR-3B, and GSTR-2B

  • ???? Check GST portal frequently for notices

  • ????? Respond in writing, attaching all supporting documents

  • ???? Seek expert help for complex cases

  • ?? Never miss a deadline to avoid penalties


8. Conclusion

Proper handling of GST notices, scrutiny, assessment, and adjudication is essential for smooth business operations. Timely responses, accurate records, and understanding your rights can help you resolve issues efficiently and avoid litigation.

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Rakesh Garg Sandeep Garg How to handle GST Notices, Scrutiny, Assessment and Adjudication

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