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GSTAppealsITC

GST Notice for ITC Mismatch: Reply, Pay or Appeal — A Decision Guide

Virtual AuditorPublished: 4 Nov 2026🕒 16 min readLast updated: 4 Nov 2026

Reviewed: 4 November 2026  |  Law: CGST Act, 2017 (ss. 16, 17(5), 29, 30, 54, 61, 73, 74, 74A, 107, 112); CGST Rules, 2017 (rules 8, 9, 10A, 14A, 23, 25, 36(4), 88C, 88D, 89, 96, 142); Notifications 03/2026-CT and 05/2026-CT; Circulars 257–264/2026  |  Author: CA V. Viswanathan, FCA, ACS, CFE

Table of Contents

  1. DRC-01 for ITC mismatch: separating what to substantiate from what to pay
  2. Reply to the SCN or file an appeal? (D2C seller with cash-flow limits)
  3. ASMT-10, DRC-01A and DRC-01: which notice are you holding?
  4. Section 73 or 74A: limitation and the penalty-free windows
  5. Supplier has not filed GSTR-3B: is my ITC gone?
  6. REG-03 on a co-working address in Mumbai
  7. Registration cancelled for non-filing: revocation vs fresh registration
  8. Export refund stuck: LUT, rule 89 vs rule 96, and what the officer asks
  9. When this guide does not apply
  10. Next step

38. We received a DRC-01 for an ITC mismatch. How do we separate amounts we can substantiate from amounts we may need to pay before replying?

Answer: Build an invoice-level reconciliation of GSTR-3B against GSTR-2B for each tax period in the notice, with one line per invoice and a status code. The statuses that decide the reply:

Status of the invoiceLegal positionDecision
In 2B, invoice and proof of receipt on file, supplier paid within 180 daysAll conditions of s.16(2) metDispute; annex the invoice, e-way bill or delivery proof, bank payment
In 2B of a later period (supplier filed late); claimed in the earlier periodTiming difference; credit is valid once it appears in 2B (s.16(2)(aa)); claim is within s.16(4) if before 30 November following the FYReply with the period-wise bridge; interest under s.50(3) only if credit was utilised early
Claimed under IGST, appears in 2B as CGST+SGST (or vice versa)Head mismatch; credit not lost; rule 88D/Circular guidanceReply with the head-wise reconciliation; correct in a subsequent 3B
Not in 2B at all; supplier never filed GSTR-1s.16(2)(aa) condition fails; no creditPay with interest via DRC-03 before the reply; recover from the supplier under the contract
In 2B, but supplier has not paid tax (GSTR-3B not filed)s.16(2)(c); see Q42Dispute on evidence of genuine transaction if the amount justifies litigation; otherwise pay and recover
Blocked credit — motor vehicles, food, construction, personal use (s.17(5))Not eligible regardless of 2BPay with interest
Supplier's registration cancelled retrospectivelyContested; depends on whether supply was genuine and tax was paid at the timeDispute with transaction evidence; weigh the amount against appeal cost

Pay bucket C through DRC-03 citing the notice reference before the reply is filed, and say so in the reply with the ARN — an officer who sees the undisputed part already paid treats the disputed part differently. The reply itself (DRC-06) should attach the reconciliation as a schedule, not describe it in prose.

39. A D2C e-commerce seller with an ITC mismatch and limited cash flow: reply to the SCN, or file an appeal?

Answer: There is no choice at the notice stage — a show-cause notice must be replied to; an appeal lies only against the order that follows. The decision the seller is actually making is how much to pay now. The cash-flow logic, where the notice does not allege fraud, wilful misstatement or suppression: paying bucket C with interest within 30 days of the notice under section 73(8) (periods up to FY 2023-24) or within 60 days under section 74A(8) (FY 2024-25 onwards) means no penalty at all; letting it go to an order costs tax, interest and penalty (the higher of 10% of tax and ₹10,000 under section 73(9) or the corresponding non-fraud penalty under section 74A). Where the notice does allege fraud (section 74, or the fraud limb of section 74A), payment never removes the penalty — it reduces it: 15% of tax if paid before the notice, 25% if paid with interest within the 30/60-day window after the notice, 50% if paid within that window after the order, against 100% otherwise. Either way, an appeal against the order then needs the 10% pre-deposit under section 107(6) and takes months. So pay what cannot be defended, reply on what can, and keep the appeal for the disputed remainder. For a marketplace seller, two specific points: TCS collected by the marketplace under section 52 is reconciled through the TDS/TCS credit facility and the electronic cash ledger, separately from input tax credit; and marketplace commission invoices are often in 2B but the seller's books record them net of sales — a common source of "excess ITC" that is in fact unrecorded expense.

40. ASMT-10, DRC-01A and DRC-01 — which notice are we holding, and what does each require?

Answer: ASMT-10 (section 61, rule 99) is a scrutiny notice: discrepancies in returns, reply in ASMT-11 within 30 days with explanation or payment; if accepted, ASMT-12 closes it; if not, it proceeds to section 73/74A. DRC-01A (rule 142(1A)) is a pre-notice intimation of the tax the officer proposes to demand: Part A states the amount; you may pay and inform in Part B, or submit why the demand is wrong — there is no statutory time limit but the officer will issue the DRC-01 if nothing is received. DRC-01 is the show-cause notice itself under section 73(1) or 74A(1), with a summary; reply in DRC-06 within the time given, ask for a hearing (section 75(4) requires one before an adverse order if requested or if the order is adverse), and the order follows in DRC-07. Also distinguish DRC-01B (rule 88C, GSTR-1 vs 3B liability difference) and DRC-01C (rule 88D, 2B vs 3B ITC difference) — these are system-generated intimations with a 7-day response on the portal, and ignoring them blocks the next GSTR-1 filing.

41. Is our notice under section 73 or 74A, what is the limitation, and when are the penalty-free windows?

Answer: For tax periods up to FY 2023-24, section 73 (no fraud) and section 74 (fraud, wilful misstatement, suppression) apply: under section 73 the order must be passed within three years of the annual-return due date and the notice at least three months before that; under section 74 five years and six months. For FY 2024-25 onwards, section 74A applies to both: the notice within 42 months of the annual-return due date and the order within twelve months of the notice (extendable by six). Penalty-free windows: section 73(8) — pay tax and interest within 30 days of the notice and no penalty is payable; section 74A — pay within 60 days of the notice for no penalty in non-fraud cases, and reduced penalty (15%/25%/50%) at the stages set out in section 74A(9) for fraud cases. Check the notice's section on page one before anything else: a notice issued under section 74 for a plain mismatch without any allegation of fraud is itself a ground of reply, because the extended limitation and higher penalty depend on the fraud finding.

42. Our supplier has not filed GSTR-3B. Is our ITC gone, and what evidence do we need to contest it?

Answer: Section 16(2)(c) conditions credit on the tax having been actually paid to the Government by the supplier, and section 16(2)(aa) on the invoice appearing in GSTR-2B. If the invoice is in 2B (supplier filed GSTR-1) but the supplier has not filed 3B, the credit is at risk under 16(2)(c), and the department's position after rule 36(4) and Circular 183/15/2022 is that the recipient must prove payment or reverse. Courts have given relief where the recipient shows a genuine transaction and the department has not first proceeded against the defaulting supplier — but that relief is case-by-case and takes an appeal to reach. The evidence that decides it: the tax invoice, the e-way bill or transport document, proof of receipt (GRN, stock register), bank payment to the supplier with the GST component, the supplier's GSTIN status on the date of supply, and correspondence showing you asked the supplier to file. The commercial route is faster: the supplier's invoice is a contract, and most supply agreements let you withhold the GST component until it appears as paid. Decide by amount — below the cost of an appeal, pay and recover from the supplier; above it, reply on evidence and preserve the appeal.

43. Can we use our Mumbai co-working address for GST registration, and which documents should we get before applying to avoid a REG-03 query?

Answer: Yes, and the document pack decides whether it passes. Rule 8 requires proof of principal place of business; for a shared or consented premises the portal expects the owner's consent letter (the operator's NOC), the operator's own title or lease, and a utility bill (electricity, property tax, water) in the owner's name — the chain has to connect the building owner to the operator to you. Under rule 9(1) the officer approves within 7 working days, or issues REG-03 within that time; your reply in REG-04 is due within 7 working days; if physical verification under rule 25 is directed, approval runs to 30 days (and the 3-working-day deemed route applies only to applications under rule 14A, the small-taxpayer route with a monthly output-tax limit). REG-03 queries on co-working addresses in our experience fall into a few patterns: the NOC is signed by a sales executive rather than the lease-holder; the utility bill is for a different unit or floor than the lease; the nature of possession selected in the form does not match the document; the operator's lease has expired. Get the operator's full chain — title/lease, latest bill, NOC naming your entity and the specific seat or cabin — and photograph the signboard with your name before filing. After approval, furnish bank details under rule 10A within 30 days or the registration is liable to suspension.

44. Our registration was cancelled for non-filing. Revocation or fresh registration, and what are the time limits?

Answer: Revocation, if you are within time, because a fresh registration leaves the old GSTIN's liabilities and the gap in ITC chain unresolved and the department may refuse a new registration to a defaulter on the same PAN. Under section 30 and rule 23, apply in REG-21 within 90 days of the cancellation order, extendable by the Commissioner by a further 180 days; before applying, file all returns due up to the cancellation date and pay tax, interest and late fee. The officer may issue REG-23 (show cause against revocation) with a 7-working-day reply in REG-24, and must decide within 30 days of the application or the reply. If the 270 days have passed, the only routes are a writ (courts have ordered revocation on payment of dues in several cases) or a fresh registration with the old liabilities cleared first. On revocation, ITC on inputs held on the cancellation date is restorable and the returns for the cancelled period must be filed within 30 days of the revocation order; invoices issued during the cancelled period are a problem for your customers' ITC, so inform them.

45. Our export refund is stuck. LUT vs payment of IGST, rule 89 vs rule 96, and what will the officer ask for?

Answer: Two refund routes: export under LUT without payment of tax, then refund of unutilised ITC under section 54(3) and rule 89 (application in RFD-01 within two years of the relevant date, with the statement of invoices and the formula in rule 89(4)); or export on payment of IGST and refund of that IGST under rule 96, which is processed automatically from the shipping bill and GSTR-1 if the data matches. Rule 96 refunds stall on data mismatch — invoice number or value differs between GSTR-1, GSTR-3B (table 3.1(b)) and the shipping bill, or the 3B tax paid is less than the 1 export value. Rule 89 refunds stall on the deficiency memo (RFD-03) stage, and the officer asks for: the LUT acknowledgement for the period, FIRC/BRC for services (receipt in convertible foreign exchange, or in Indian rupees where the RBI permits it — section 2(6)(iv) of the IGST Act — within the FEMA realisation period), the invoice-wise ITC statement with 2B matching, a CA certificate where the refund exceeds ₹2 lakh (rule 89(2)(m)), and proof that the refund has not been passed to another person. Services exported to a related foreign entity attract a further question — whether the Indian entity is a mere establishment of the recipient (section 2(6)(v) IGST Act) — so keep the intercompany agreement ready. After a deficiency memo the claim has to be filed afresh, and rule 90(3) excludes the period from the original filing to the communication of the deficiency when computing the two-year limit for the fresh claim — but the exclusion is of that window only, so an applicant who waits after the memo can still run out of time; file complete the first time; the officer must sanction or reject within 60 days of a complete application (section 54(7)), with 90% provisional refund within 7 days for exporters under section 54(6).

When this guide does not apply

  • Composition dealers: no ITC, and the notice logic is about turnover and eligibility, not 2B matching.
  • Fraud allegations with evidence of fake invoicing (section 74/74A fraud limb, section 132 prosecution): the reply strategy is different and needs counsel from the first notice.
  • Pre-GST legacy demands under service tax or VAT: different limitation and appellate forums.
  • Audit under section 65/66: the ADT-01 process precedes any notice and has its own reply stage.

Next step

Send the notice (first page showing the section and the date), the tax periods, and your GSTR-2B and 3B for those periods. We return the invoice-level split into dispute/reconcile/pay, the amount to deposit before the reply, and whether the matter is worth taking to appeal, before the reply date.

Send the notice for a reply-or-appeal review


Sources: CGST Act, 2017 — sections 2(6)(v) (IGST Act), 16, 17(5), 29, 30, 50, 52, 54, 61, 73, 74, 74A, 75(4), 107, 112, 132; CGST Rules, 2017 — rules 8, 9, 10A, 14A, 23, 25, 36(4), 88C, 88D, 89, 96, 99, 142; Circular 183/15/2022-GST; Notifications 03/2026-CT and 05/2026-CT; Circulars 257–264/2026; GSTAT constitution and bench notifications (Principal Bench 16 February 2026; Chennai Bench 1 April 2026). Penalty and pre-deposit figures are statutory; processing times beyond the statutory limits are not stated.

Frequently Asked Questions (FAQs)

1. How do we decide what to pay before replying to a GST DRC-01 for ITC mismatch?

Split the demand at invoice level: ITC in GSTR-2B with invoice, receipt and payment on file is disputed; timing or head differences are reconciled in the reply; ITC from suppliers who never filed GSTR-1, or blocked under section 17(5), is paid through DRC-03 within 30 days under section 73(8) (60 days under section 74A(8) for FY 2024-25 onwards) to avoid penalty in non-fraud cases; in fraud cases the same windows reduce the penalty to 25% rather than waive it.

2. What is the pre-deposit for a GST appeal?

10% of the disputed tax for the first appeal under section 107 (capped at ₹20 crore each for CGST and SGST) and an additional 10% for the GST Appellate Tribunal under section 112 (same cap).

3. Is the GST Appellate Tribunal functioning?

Yes. The Principal Bench began hearing from 16 February 2026 and the Chennai Bench from 1 April 2026; the window to file appeals against orders passed before the Tribunal became operational closed on 31 July 2026.

4. Our supplier has not filed GSTR-3B — is our ITC lost?

It is at risk under section 16(2)(c). Relief has been granted where the recipient proves a genuine transaction and the department has not proceeded against the supplier, but that takes an appeal. Below the cost of litigating, pay and recover from the supplier under the contract.

5. How long does GST registration take on a co-working address?

Under rule 9(1) the officer approves or issues REG-03 within 7 working days; if physical verification is directed, up to 30 days. The 3-working-day deemed approval applies only to rule 14A applications. The operator's title or lease, a utility bill in the owner's name and an NOC naming your entity are the documents that avoid the query.

6. What is the time limit to revoke a cancelled GST registration?

Apply in REG-21 within 90 days of the cancellation order, extendable by the Commissioner by a further 180 days, after filing all pending returns and paying dues (section 30, rule 23).

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What has changed in the law — reviewed November 2026