GST · Notices and Audit
SCN: Show Cause Notice Under GST
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
A Show Cause Notice is the GST department's opening move in any demand action. Every SCN demands a written response explaining why the proposed tax demand should not be confirmed. Non-response = ex-parte order. Average demand confirmed: 90% when taxpayer does not respond. Average demand when CA responds with evidence: 40-60% reduction.
Provisions and law
- Sec 73
- Sec 74
- Sec 75(6)
- Sec 75(4)
Analysis
Most common SCN triggers: (1) ITC mismatch, GSTR-2A shows less than what you claimed in GSTR-3B. (2) GSTR-1 vs GSTR-3B mismatch, different outward supply totals. (3) Turnover mismatch, GSTR-9 vs GSTR-3B. (4) Excess ITC claimed including blocked credits. (5) Tax on advances received but not declared. (6) Place of supply incorrectly determined (IGST vs CGST+SGST applied wrong). Section 73 vs Section 74: If department alleges fraud, misstatement, or suppression → Section 74 notice (100% penalty). For normal differences without fraud allegation → Section 73 (10% penalty). In practice, many notices are wrongly issued under Section 74. If your CA can establish the discrepancy was not fraudulent → converted to Section 73, penalty drops from 100% to 10%.
Conclusion
- Read SCN completely, identify: which section (73 or 74), which FY, which specific issue
- Note the response deadline on the SCN, never miss it, no automatic extension
- Calendar the personal hearing date if mentioned, request if not mentioned
- Identify the root cause: ITC mismatch? GSTR-1/3B mismatch? Wrong tax rate? Blocked credit?
- Pull relevant records: purchase invoices, GSTR-2B, GSTR-1/3B for the disputed period, payment receipts
- If the demand is partially correct: prepare DRC-03 for the agreed amount + interest (24% p.a.)
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