TIME LIMIT TO ISSUE NOTICE & ORDER U/S 73

Period

Due Date to Issue Notice  (2 years and 9 months from due dates to pass order or any extended period)

Due/ Extended Date to Pass an Order (3 years from the due date of GSTR-9)

States/Districts
2017-18 30.09.2023 31.12.2023 (NN 09/2023) For all states
2018-19 31.01.2024 30.04.2024 (NN56/2023) For all states
2019-20 31.05.2024 31.08.2024 (NN 56/2023) For all states
2020-21 30.11.2024 28.02.2025 For all states
2021-22 30.09.2025 31.12.2025 For all states
2022-23 10.10.2026 10.01.2027 Chennai, Tiruvallur, Chengalpattu, Kancheepuram, Tirunelveli, Tenkasi, Kanyakumari, Thoothukudi and Virudhunagar in the state of Tamil Nadu
30.09.2026 31.12.2026 For all states
2023-24 30.09.2027 31.12.2027 For all states

COMMUNITY INSIGHTS

Topic

Publish Date

Justice Speaks Through Reasons: The Supreme Court’s Guiding Light for GST Adjudication

In Indian jurisprudence, the principle of natural justice is not a mere procedural formality—it is the moral backbone of fairness, transparency, and accountability in governance. Among its cardinal components is the duty to record reasons for any decision affecting the rights, liabilities, or interests of an individual. This duty is not confined to the judiciary. It extends to quasi-judicial authorities, tribunals,.......... Read More

08.08.2025

A Breakdown of DRC Forms: Understanding Their Role in GST Demand and Recovery

Received a GST notice and unsure what it means? The DRC forms play a crucial role in tax demand, recovery, and compliance under the GST regime. Understanding these forms is essential for taxpayers to respond correctly and avoid unnecessary penalties. The GST law provides a structured mechanism for tax authorities to communicate with taxpayers regarding tax demands, discrepancies, interest, penalties, and recoveries......................... Read More

28.02.2025

Unmasking the Fraud: How to Spot and Verify Fake GST Notices

Received a GST violation notice? Hold on before you panic-it might not be real. Recently, scammers have ramped up their game by sending fake GST summons that look alarmingly official. These fraudulent notices are designed to trick taxpayers into acting fast-demanding payments or personal information, all while mimicking the real thing. If you've been targeted by one of these scams, you're not alone. The Central Board of Indirect Taxes and Customs....................... Read More

19.02.2025

Demand Order not Uploaded on Common Portal is Valid or Invalid

For initiating the recovery proceedings against the taxable person there is a proper mechanism for serving show cause notices and orders. The same is contained in section 73, 74 and 74A of CGST Act 2017. Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where the ITC has been wrongly availed or utilised, then he shall serve a show cause notice (SCN) to the person chargeable with tax.................. Read More

18.12.2024

NOTIFICATIONS

Notification No. Subject
Notification No. 56/2023 - Central Tax dt. 28.12.2023 Seeks to extend dates of specified compliances in exercise of powers under section 168A of CGST Act

PORTAL RELATED UPDATES

Date Subject
26/09/2024 Advisory on issuance of Notices/Orders without digital signatures of the issuing authorities

CIRCULARS

Circular No. Subject
Circular No. 249/06/2025-GST dt. 09.06.2025 Generation and quoting of Document Identification Number (DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers and other concerned persons
Circular No. 239/33/2024-GST dt. 04.12.2024 Amendment to Circular No. 31/05/2018-GST, dated 9th February, 2018 on 'Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017'
Circular No. 238/32/2024-GST dt. 15.10.2024 Clarification of various doubts related to Section 128A of the CGST Act, 2017.
Circular No. 237/31/2024-GST dt.15.10.2024 [Para 3] Clarifying the issues regarding implementation of provisions of sub-section (5) and sub-section (6) in section 16 of CGST Act, 2017.
Circular No. 185/17/2022-GST dt. 27.12.2022 Clarification with regard to applicability of provisions of section 75(2) of Central Goods and Services Tax Act, 2017 and its effect on limitation
Circular No. 171/03/2022-GST dt. 06.07.2022 [Para 1 (1)] Clarification on various issues relating to applicability of demand and penalty provisions under the Central Goods and Services Tax Act, 2017 in respect of transactions involving fake invoices.
Circular No.169/01/2022-GST dt. 12.03.2022 Amendment to Circular No. 31/05/2018-GST, dated 9th February, 2018 on ‘Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017
Circular No.128/47/2019-GST dt. 23.12.2019 Generation and quoting of Document Identification Number (DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers and other concerned persons
Circular No. 122/41/2019-GST dt. 05.11.2019 Generation and quoting of Document Identification Number (DIN) on any communication issued by the officers of the Central Board of Indirect Taxes and Customs (CBIC) to tax payers and other concerned persons
Circular No. 76/50/2018-GST dt. 31.12.2018 [Para 2]

Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the CGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the CGST Act; applicability of notification No. 50/2018-Central Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST

Circular No. 31/5/2018-GST dt. 09-02-2018

Proper officer under sections 73 and 74 of the Central Goods and Services Tax Act, 2017 and under the Integrated Goods and Services Tax Act, 2017

INSTRUCTIONS

Instruction No. Subject
Instruction No. 02/2025-GST dt. 07.02.2025 Procedure to be followed in department appeal filed against interest and/or penalty only, related to Section 128A of the CGST Act, 2017
Instruction No. 04/2023-GST dt. 23.11.2023 Serving of the summary of notice in FORM GST DRC-01 and uploading of summary of order in FORM GST DRC-07 electronically on the portal by the proper officer
Instruction No. 02/2021-22 dt. 22.09.2021 [GST-Investigation] Issuance of SCNs in time bound manner

ORDERS

Order No. Subject
Order No. 2/2019-GST dt. 12.03.2019 Appointment of common authority for the purpose of exercise of powers under sections 73,74, 75 and 76 of the CGST Act, 2017

CASE LAW

Authority

One liner

2025(07)LCX0209

Madras High Court

R Ashaarajaa

Bunching multiple financial years into one GST show-cause notice is statutorily impermissible.
2025(07)LCX0204

Bombay High Court

Nuvoco Vistas Corporation

Courts will not interfere with show cause notices unless jurisdictional error is evident on the face.
2025(07)LCX0195

Allahabad High Court

SREI Equipment Finance Limited

Tax authorities cannot enforce pre-CIRP claims post-approval of the Resolution Plan under IBC.
2025(07)LCX0147

Madras High Court

Agri Tech Corporation

Assessment orders violating natural justice and lacking clear procedural compliance must be re-adjudicated on terms.
2025(07)LCX0096

Allahabad High Court

Tripureshwari Traders

GST notices must be served through alternative means once registration is cancelled; portal upload alone is insufficient.
2025(07)LCX0086

Allahabad High Court

Lalaram Thekedar

Service of notice solely via portal post-registration cancellation violates natural justice.
2025(07)LCX0084

Andhra Pradesh High Court

Godavari Polymers Private Limited

Absence of DIN and signature in GST orders renders them void and unenforceable
 
2025(07)LCX0037

Calcutta High Court

Hotel Rudra

Ex parte orders without hearing violate natural justice and warrant remand for fresh adjudication.
2025(06)LCX0475

Madras High Court

Tata Play Limited

Section 168A empowers the Government to extend statutory timelines during extraordinary circumstances; notifications issued thereunder are valid.
2025(06)LCX0453

Madras High Court

Tvl SKP Readymix

Assessment orders must reflect application of mind and deal with taxpayers replies through reasoned discussion.
2025(06)LCX0400

Gauhati High Court

Mahabir Tiwari

Notification No. 56/2023-Central Tax is ultra vires due to the absence of GST Council recommendation and force majeure conditions, rendering subsequent actions invalid.
2025(06)LCX0319

Gauhati High Court

Biswa Ranjan Borah

Summary notices without proper show cause and hearing violate Sections 73 and 75(4) of CGST Act.
2025(06)LCX0311

Allahabad High Court

F K Fancy Zari Art

Mere reproduction of a GST notice without reasoning violates Section 75(6) and renders the order invalid.
2025(06)LCX0302

Madras High Court

Tvl Leto

Portal-only service without exploring alternate modes under Section 169 violates natural justice.
2025(05)LCX0146

Allahabad High Court

Janta Machine Tools

Tax demand for excess stock must follow Section 73/74, not Section 130 of GST Act
2025(04)LCX0430

Madras High Court

Indian Railway Finance Corporation Limited

Natural justice mandates that new grounds in tax orders must be preceded by due notice and hearing.
2025(04)LCX0167

Kerala High Court

Mjbr Marketing And Financial Services Private Limited

CBIC Circular No.192/04/2023 held that electronic credit ledger must be treated as a unified pool of funds across tax heads, where CGST, SGST, and IGST credits are considered as separate compartments of one wallet
2025(04)LCX0152

Allahabad High Court

Gupta Traders

Demand order u/s 73 of the UP GST Act is quashed as time-barred, as orders for FY 2017–18 issued after 05.02.2023 were beyond the statutory limit
2025(03)LCX0377

Delhi High Court

Neelgiri Machinery

Orders passed and uploaded under "Additional Notices and Orders," tab making less directly visible were set aside in view of ensuring compliance with principles of natural justice and importance of proper communication and accessibility of notices
2025(03)LCX0140

Kolkata Tribunal

Raza International

Commissioner (Appeals) is obligated to pass a detailed ex-parte order after reviewing the importer Statement of Facts and Grounds of Appeal, regardless of the importer presence at the hearing.
2025(03)LCX0007

Kolkata Tribunal

Asha Enterprises

Non challenging of the assessment order is deemed to attain finality and initiation of any subsequent proceedings against such order is erroneous
2025(03)LCX0001

Bombay High Court

Precaution Properties Private Limited

Court granted interim relief against coercive action u/s 73 of the CGST Act, pending the SC's decision on the validity of N/No. 9/2023-CT & 56/2023-CT issued without GST Council recommendations
2025(02)LCX0191

Allahabad High Court

Anita Traders

Considering the fact that notification dated 24.04.2023 extending time limit for passing of an order u/s 73(9) is not applicable in case of Assessment Order passed on 02.12.2023, the same is set aside.
2025(02)LCX0315

Supreme court of India

Hcc-Sew-Meil-Aag JV

Matter regarding validity of extension of time limit for adjudication of show cause notice and passing order under Section 73 of the GST is pending.
2025(02)LCX0129

Telangana High Court

Bigleap Technologies and Solutions Private Limited

Unsigned show-cause notices and final orders under GST even when uploaded online are invalid because the signature column in the prescribed forms constitutes a mandatory statutory requirement for authenticity.
2025(01)LCX0426

Madras High Court

Tvl V K D Stores

Assessment order issued u/s 73 GST Act set aside as assessee was unaware of the proceedings due to the notices being uploaded on the GST portal instead of being properly served
2025(01)LCX0425

Madras High Court

Tvl Jainsons Castors and Industrial Products

Assessment order issued u/s 73 GST Act set aside as assessee was unaware of the proceedings due to the notices being uploaded on the GST portal instead of being properly served
2025(01)LCX0033

Chandigarh Tribunal

Iffco Tokio Insurance Services Limited

Cenvat credit cannot be denied due to procedural irregularities
2025(01)LCX0015

Telangana High Court

Brunda Infra Private Limited

GST notification extensions of limitation periods due to COVID-19 were upheld relying on a Supreme Court order excluding a specific period for limitation rendering challenges to the notifications academic while also noting the assessee availability of statutory appeals.
2024(12)LCX0478

Gauhati High Court

Rosida Sultana

Issuance of the Summary of the SCN, Summary of the Statement and Summary of the Order do not dispense with the requirement of issuance of a proper SCN and Statement as well as passing of the Order as per the mandate of Section 73 of CGST Act by the Proper Officer.
2024(11)LCX0379

Allahabad High Court

A V Pharma

Orders issued by the Deputy Commissionerare quashed for beyond the time limit prescribed U/S73and assessee bank accounts is to be de-freezed
2024(11)LCX0039

Bombay High Court

Esjapee Impex (P) Ltd.

Adjudicating Authority should have adjudicated the SCN within a reasonable time; failure to do so is bound to cause prejudice to the assessee.
2024(11)LCX0012

Allahabad High Court

Ashish Traders

Assessee is entitled to the benefit of doubt when Notice not been uploaded on the Due Notices and Orders and instead uploaded on Additional Notices and Orders
2024(10)LCX0143

Gauhati High Court

Udit Tibrewal

Non-issuance of a proper and prior SCN, as contemplated u/s 73(1) of GST Act and issuance of only Summary of SCN and Attachment to Determination of Tax cannot be said to be in compliance with Section 73(1) read with rule 142(1), a Summary of SCN is held to be not a substitute of a SCN.
2024(09)LCX0571

Allahabad High Court

Wonder Enterprises

Passing an appellate order on a date later than the hearing without statutory backing violates GST procedural fairness.
2024(09)LCX0567

Karnataka High Court

Jagadish Advertising

Extended limitation under Section 73 cannot be invoked without specific, substantiated allegations of fraud or suppression.
2024(05)LCX0330

Allahabad High Court

Graziano Trasmissioni

Extension N/No. 09/2023 u/s 168A for adjudicating proceedings for the FY 2017-18 is valid.
2024(05)LCX0274

Delhi High Court

Mitchem Impex

Proper officer could not have adjudicated the SCN prior to the stipulated date for filing response.
2024(04)LCX0206

Delhi High Court

AB Traders

Proper officer cannot held that the reply is unsatisfactory without considering the reply and enclosed documents
2024(02)LCX0425

Delhi High Court

Aarem TradEx Private Limited

Proper officer need to at least consider the reply on merits before forming an opinion whether the explanation of assessee was sufficient or not.
2024(02)LCX0423

Delhi High Court

Emco Cables (India) Private Limited

Proper officer need to at least consider the reply on merits before forming an opinion whether the explanation of assessee was sufficient or not.
2024(01)LCX0498

Allahabad High Court

Khanna Polyrib Private Limited

Assessee's right to object to the SCN and participate in the personal hearing cannot be comprised if SCN had been served without all its contents and annexures
2023(11)LCX0167

Madhya Pradesh High Court

Raymond Ltd

Show cause notice falls short of the minimum period to afford reasonable opportunity and also lacking in material particular, thereby set aside.
2023(10)LCX0105

Kerala High Court

Global Plasto Wares

GST: Penalty leviable when tax collected is not deposited within 30 days
2021(07)LCX0205

Allahabad High Court

V.S. Enterprises
Multiple overlapping GST orders for same period are invalid; fresh adjudication must follow due process.
 
2021(02)LCX0096

Jharkhand High Court

R.P.M. Distributors
For delayed payment of tax, the interest would be levied on net tax liability.
2021(01)LCX0284

Patna High Court

Pinax Steel Industries Pvt. Ltd
Order passed without hearing violated natural justice; matter remanded for fresh adjudication after proper opportunity.
 
2019(06)LCX0002

Patna High Court

Commercial Steel Engineering Corporation
Court allowed transitional credit for FY 2007-08 and 2011-12 which was not reflected in prior returns due to Accountant's mistake
2019(03)LCX0033

Rajasthan High Court

Leel Electricals Limited
Court is not convinced by arguments advanced by petitioner, therfore notice of summon is not quashed