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Gst Non Filling Return Notice

Others 775 views 5 replies

How to draft reply of non filing of GSTR 1 and GSTR 3b Notice issued by GST department under section 125

Replies (5)
Quick Summary
For non filing of GSTR 1 and 3B, proper notice is under Sec 46, followed by assessment under Sec 62 if ignored. Sec 125 is general and should not override specific provisions. Reply should cite correct sections and explain compliance.

Department should issue notice under section 46 of the CGST Act 2017 , for non filing of GST return ( GSTR1&GSTR3B) and not under section 125 , if reply was not received under section 46 notice , then best judgement assessment is done by the assessing officer under section 62 of the CGST Act . 

please refer section 46 & 62 of the CGST Act and confirm 

If returns were not filed 

1) Notice under section 46 of the CGST Act 

2) section 62 of the CGST act best judgement assessment is done , if no reply to notice under section 46 within time limit . 

3) late fees under section 47 of the CGST Act applicable 

4) Recovery under section 79 of the CGST Act 2017 

5) possiable demand under section 73 if tax short paid 

So Specific provisions is alrady pricribed in the Act , section 125 of should Gen provsion should be applied , Gen provsion can not override Specfic provisions,

please correct in the last sentence  GEN provision should not be applied .

Take more opnion on this query 

GST notices usually come from mismatches between your filed returns and your invoices. Most common causes are wrong GSTIN, incorrect tax type (CGST/SGST vs IGST), or HSN code errors.

Before responding to the notice, first validate all your invoices to identify the exact error. I built invoicecheck.in for exactly this — it checks 15 compliance rules in 15 seconds and tells you specifically what's wrong and how to fix it.

First check is free, no signup needed. Hope it helps resolve your notice quickly 🙏


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