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Taxation & Regulatory

A GST notice is a deadline, not a verdict

The letter arrives, it goes into a drawer, and the clock starts. By the time it is opened properly, the cheapest options have already closed. Here is what to do in the first week.

Dhanush BACo-Founder7 min read
A GST notice is a deadline, not a verdict

A notice is a request for an explanation with a date attached. It is not a finding, and it is not a demand. Most of the cost ARAN's clients carry from notices is not tax at all; it is interest and penalty accumulated while nobody decided who was responsible for replying.

The first week decides the cost

Three things should happen within five working days of a notice arriving. None of them is drafting a reply.

  • Read what has actually been asked. The heading and the body often cover different periods, and the reply must answer the body.
  • Establish the deadline and diarise it with a named owner. Extensions exist, but they are requested, not assumed.
  • Quantify the maximum exposure. Until you know whether the worst case is two lakh or forty, you cannot decide how much effort the reply deserves.

That third step is the one most often skipped. Businesses either treat every notice as an emergency or treat every notice as routine. Both are expensive. The exposure number tells you which this one is.

You cannot decide how hard to fight until somebody has written down what losing costs.

Reconcile before you argue

A large share of GST notices are reconciliation differences rather than disputes on interpretation. The department's view of your credit comes from GSTR-2B. Your view comes from the purchase ledger. Where those disagree, the reply is arithmetic, not advocacy.

Before drafting anything, reconcile the period in question line by line. In most cases the difference resolves into three groups: invoices your supplier never filed, invoices booked in a different period, and genuine errors. Each group has a different answer, and the reply is stronger when it says so explicitly.

Write the reply for the officer, not the file

A good reply states the position in the first paragraph, attaches the reconciliation as an annexure, and answers each point in the order it was raised. It does not open with a recital of the law. The officer has read the law more recently than you have.

Where you are wrong, say so and pay. A reply that concedes two of five points and defends three carefully is treated very differently from one that defends all five at equal volume.

Then fix what produced it

The notice is a symptom. If it came from a reconciliation gap, that gap is still open for the current year and will produce the same notice again in eighteen months. Closing the loop means monthly reconciliation with an owner, not an annual clean-up before filing.

The businesses that stop receiving notices are rarely the ones with the best arguments. They are the ones whose returns and books agree every month.

Dhanush BA, Taxation and Regulatory Advisory at ARAN Business Advisors

Written by

Dhanush BA

Co-Founder · CA Finalist · B.Com (Hons), Christ University, Bengaluru

Practises in GST and income tax litigation, tax advisory and business consulting for SMEs and family-owned businesses.

Speak to Dhanush

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