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GST Compliance

GST Demand Notices — DRC-01, Section 73 & Section 74

GST demand notices are issued when tax is not paid, short-paid, or ITC wrongly claimed. Section 73 covers genuine errors (3-year limit, 10% penalty). Section 74 covers fraud/suppression (5-year limit, 100% penalty). This guide covers notice types, timelines, and how to respond effectively.

Notice Forms
5 Types
Reply Period
30 Days
S.73 Limit
3 Years
S.74 Penalty
100% Tax

Types of GST Demand Notices

DRC-01

Show Cause Notice (SCN)

Section 73/74

Formal demand notice issued after investigation. Taxpayer must respond within 30 days with reasons why demand should not be confirmed. This is the primary demand mechanism.

DRC-01A

Intimation before SCN

Section 73(5)/74(5)

Pre-SCN intimation giving taxpayer an opportunity to pay tax + interest voluntarily BEFORE formal SCN is issued. If paid, proceedings stop. Smart taxpayers use this to avoid penalties.

DRC-02

Statement of Tax Not Paid

Rule 142(1A)

Summary statement of tax amounts determined as payable. Accompanies or follows the order. Not a separate notice but a summary for payment.

DRC-07

Final Order / Demand Order

Section 73(9)/74(9)

Final adjudication order confirming the demand after hearing. Contains: tax amount, interest, penalty. This is the order you appeal against if unfavourable.

DRC-08

Rectification Order

Section 161

Order rectifying errors in previous orders (arithmetic/clerical errors). Can be issued suo moto or on application within 3 months of original order.

Section 73 vs Section 74 — Timeline Comparison

Section 73 — No Fraud

SCN Issuance: Within 2 years 9 months from due date of annual return
Reply Time: 30 days from SCN
Final Order: Within 3 years from due date of annual return
Penalty: No penalty if tax + interest paid within 30 days of SCN. Otherwise: 10% of tax or ₹10,000 (whichever higher)

Section 74 — Fraud/Suppression

SCN Issuance: Within 4 years 6 months from due date of annual return
Reply Time: 30 days from SCN
Final Order: Within 5 years from due date of annual return
Penalty: 100% of tax amount. Reduced to 15% if paid within 30 days of SCN. Reduced to 25% if paid within 30 days of order.

How to Respond to a Demand Notice

1

Acknowledge Receipt

Note the date of receipt — all time limits start from this date. Check: DIN (Document Identification Number) is present (mandatory since Nov 2019, without DIN the notice is invalid).

2

Verify DIN on GST Portal

Go to cbic-gst.gov.in → Search DIN. If the DIN doesn't exist or doesn't match, the notice may be invalid. Several tribunal orders have quashed notices without valid DIN.

3

Analyze the Demand

Break down: (a) admitted tax (you agree), (b) disputed tax (you disagree), (c) interest calculated, (d) penalty imposed. Identify grounds of dispute — classification, valuation, ITC eligibility, time-barred.

4

Pay Admitted Amount (if any)

Pay the undisputed portion immediately via GST portal → Electronic Cash Ledger → DRC-03. This stops interest accrual on the admitted amount and shows good faith.

5

File Reply (DRC-06)

File detailed written reply on GST portal within 30 days. Include: factual narrative, legal grounds, supporting documents, judicial precedents. Request personal hearing.

6

Attend Personal Hearing

Present your case before the adjudicating officer. Can appear through authorized representative (CA, Advocate, CMA). Additional documents can be submitted during hearing.

Demand Notice FAQs

What is the difference between Section 73 and Section 74?

Section 73 applies when tax is not paid or short-paid WITHOUT fraud, suppression, or willful misstatement. Time limit: 3 years, penalty: 10% or ₹10,000. Section 74 applies when there IS fraud, suppression, willful misstatement, or collusion. Time limit: 5 years, penalty: 100% of tax. The burden of proving fraud is on the department under Section 74.

Can a GST demand notice be issued without DIN?

No. Since November 2019, every communication (notice, order, letter) from the GST department MUST have a Document Identification Number (DIN). A notice without DIN is treated as invalid and deemed to have never been issued (CBIC Circular No. 128/47/2019-GST). Several tribunal and court orders have quashed proceedings based on missing DIN.

How to respond to a GST show cause notice?

File Form DRC-06 (reply) on the GST portal within 30 days. Your reply should: (1) Accept undisputed amounts and pay via DRC-03, (2) Contest disputed amounts with facts + legal arguments, (3) Cite relevant case laws and CBIC circulars, (4) Attach supporting documents, (5) Request personal hearing. Being specific and referencing exact provisions strengthens your case.

What happens if I don't respond to a GST demand notice?

If you don't respond within 30 days, the adjudicating authority can pass an ex-parte order (without hearing you) confirming the demand in full. This means: full tax + full interest + maximum penalty. You lose the opportunity to present your case but can still appeal the order (within 3 months). However, appeal is harder when you haven't contested at the first stage.

Can interest be charged on the entire demand?

Interest under Section 50 is charged at 18% p.a. on the amount of tax not paid. For wrongful ITC availed and utilized: 24% p.a. Interest is charged from the date the tax was due (not from the date of notice) until the date of payment. Interest is automatic and mandatory — even if the demand is partially reduced on appeal, interest applies on the confirmed amount.

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