Frequently Asked Questions (FAQs)

What is the difference between a Section 73 and Section 74 GST notice?

Section 73 applies to short-payment or wrongful ITC claims without fraud, willful misstatement, or suppression — carrying lower penalty exposure and a longer response window. Section 74 applies where the department alleges fraud or suppression, carrying penalty up to 100% of the tax involved and a more aggressive proceeding timeline. The distinction fundamentally changes your defence strategy, and our GST Dispute Resolution Lawyer team in Chandigarh assesses this immediately upon reviewing any notice.

What is GSTAT, and is it functional now?

The GST Appellate Tribunal (GSTAT) is the second appellate forum for GST disputes, following the first appeal to the Appellate Authority under Section 107. After years of delay since GST's introduction, GSTAT has now become operational, providing businesses a dedicated tribunal route instead of approaching High Courts directly for interim relief. Our GSTAT Appeal Lawyer India team in Chandigarh represents clients through this appellate process.

Why does my input tax credit keep getting blocked or challenged?

ITC challenges typically arise from failure to satisfy the conditions under Section 16 of the CGST Act — commonly a supplier's non-payment of tax, invoice mismatches, or documentation gaps. ITC can also be blocked under Rule 86A where the department has specific grounds to suspect ineligibility. Our Input Tax Credit Lawyer India team in Chandigarh reviews the specific basis for blocking and builds an evidentiary response addressing the exact statutory condition at issue.

What happens if my e-way bill doesn't match the goods being transported?

Under Rule 138 of the CGST Rules, discrepancies between an e-way bill and the actual goods in transit can result in detention of the vehicle and goods, along with penalty proceedings. Immediate legal response with corrected documentation and explanation is essential to secure prompt release. Our team in Chandigarh, Mohali, and Ludhiana responds to e-way bill detention matters with urgent priority given the direct operational impact.

How long do I have to respond to a GST show-cause notice?

Response timelines vary by the specific notice and section involved, but are generally strict, with limited extension available. Missing the deadline can result in an ex-parte order being passed against you without your position being considered. Given the significant difference in outcome between Section 73 and Section 74 proceedings, immediate legal review of any notice — rather than attempting an internal response — is strongly advisable. Our GST Compliance Advocate India team in Chandigarh prioritizes urgent notice response.

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