Updated on: March 14th, 2020 5:10 PM

GST Show Cause Notice

Demand and recovery can be initiated for short-levy, non-levy, short paid, non-paid, erroneous refund, wrong availment and incorrect utilisation of input tax credit. All demand and recovery proceedings under GST start with the issuance of a show cause notice. In this article, we look deeper into GST show cause notice.

When can one issue Show Cause Notice (SCN) under GST?

Show Cause Notice can be issued under GST, when an officer believes that there has been any of the following instances with respect to GST revenue or payment for the Government:

• Short levy or Non-levy
• Short paid or Not paid
• Erroneous refund
• Wrong utilisation of input tax credit

Time Limit for Issuing Show Cause Notice

GST Act specified a time limit for issuing show cause notice. The time limit for issuing show cause notice depends on whether the concerned individual involved with fraud or suppression.

If Fraud or Suppression is NOT Involved

If the concerned individual not involved with any fraud or suppression, the person can issue a show cause notice at least 3 months prior to the completion date of the adjudication. However, for issued show cause notices, it shall adjudicate within 3 years from the date of filing of annual return for the relevant year. The order must contain the tax liability, interest, and penalty to the maximum extent of 10% of the tax amount.

Involvement of Fraud or Suppression

If fraud or suppression is involved, Show Cause Notice must be issued at least 5 months prior to the date on which adjudication is supposed to be completed. If show cause notice is issued it needs to be adjudicated within 5 years from the date of filing of annual return for the relevant year. The order must contain the tax liability, interest, penalty to the extent of 100% of the tax amount. If the taxable person on his own ascertains his liability, he may pay the same along with interest and 15% penalty and intimate the officer.

Recovery of Dues by GST Department

The GST department shall proceed for recovery of the tax due upon confirmation of the GST liability remains unpaid and reflects no appeal against the order. Some of the methods used by the GST department for recovery of tax due could include:

• Deduct the same from the refund due, if any.
• Attachment of Bank Accounts.
• Attachment of Debtors accounts.
• Provisional Attachment of property, etc.

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