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GST Audit and Assessment: Types, Process and Adjudication Under CGST Act

GST audits under Sections 65-66 and assessment proceedings under Sections 73-74 are the enforcement mechanisms of the GST law. Learn about departmental audits, scrutiny, best...

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GST
Published
May 13, 2026
Last updated
May 13, 2026
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3 min
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Last updated: May 2026Applies to: FY 2026-27Verified against: Government sources

The GST enforcement framework involves multiple levels: scrutiny of returns, audit of accounts, and formal assessment proceedings. Understanding each type helps businesses prepare adequately and respond effectively.

Types of GST Audits

Section 65 — Departmental Audit

  • Conducted by Commissioner or authorized officer at the taxpayer's business premises
  • 15 days advance notice to the registered person
  • Duration: 3 months (extendable by 6 months with Commissioner's approval)
  • Scope: verification of records, returns, ITC, classification, valuation, output tax
  • On completion: audit report prepared; if discrepancies found, demand initiated under Section 73/74

Section 66 — Special Audit

  • Ordered when transactions are complex, turnover has not been declared correctly, or ITC appears inflated
  • CA or Cost Accountant nominated by Commissioner conducts the audit
  • Must be completed within 90 days (extendable by 90 days)
  • Cost borne by the Government

Return Scrutiny (Section 61)

GST officers scrutinize returns and compare with other data (GSTR-1 vs GSTR-3B mismatch, ITC claim vs GSTR-2B, annual return vs monthly returns). If discrepancies found:

  1. Notice issued to taxpayer for explanation
  2. Taxpayer must respond within 30 days
  3. If explanation satisfactory: notice dropped
  4. If unsatisfactory: proceedings under Section 73/74 initiated

Assessment Types

AssessmentSectionBasis
Self-assessmentSection 59Taxpayer files returns and pays tax
Provisional assessmentSection 60When unable to determine tax — bond filed
Best Judgment AssessmentSection 62Return not filed despite notice
Assessment of non-filersSection 63Unregistered persons
Summary AssessmentSection 64Immediate evidence of tax liability

Show Cause Notice Process (Sections 73/74)

Section 73 — Non-Fraud Cases

  1. DRC-01 (Show Cause Notice) served by proper officer
  2. Taxpayer has 30 days to file reply
  3. If agrees and pays tax + 18% interest: 10% penalty (or nil in some cases)
  4. If partly agrees: pay agreed portion; contest the rest
  5. If disagrees: provide detailed reply with evidence
  6. Personal hearing — DRC-06 request
  7. Adjudication order within 3 years

Section 74 — Fraud Cases

  • Higher penalty: equal to 100% of tax (vs. 10%-15% in Section 73)
  • Time limit: 5 years
  • Voluntary payment before SCN issuance: 15% penalty + tax + interest
  • Payment within 30 days of SCN: 25% penalty
  • After order: 50% penalty; failure to pay: 100%

GST Appeals

ForumAppeal AgainstPre-deposit
GST Appellate Authority (Commissioner Appeals)Adjudication orders10% of disputed tax
GSTAT (GST Appellate Tribunal)Commissioner Appeals orderA further 10% of disputed tax (20% in total), capped at Rs. 20 crore CGST
High CourtGSTAT order (on legal questions)As directed by HC
Supreme CourtHC/GSTAT orderAs directed by SC

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Quick recapKey facts & short answers

Key Facts About GST Audit and Assessment

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes GST Audit and Assessment end to end for you.

What is a GST departmental audit under Section 65?

The Commissioner or any officer authorized can audit a registered person at their business premises. The taxpayer is informed 15 days in advance. Audit must be completed within 3 months (extendable by 6 months).

What is the difference between Sections 73 and 74?

Section 73 deals with non-fraud cases (non-payment, short-payment, wrong ITC without fraud/wilful suppression). Section 74 deals with fraud, wilful misstatement, or suppression — attracting higher penalty of 100% of tax.

Read the notice the day it arrives; most of the damage is done by the weeks it sits unopened.

— TaxClue Compliance Desk

GST Audit and Assessment: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Monika Sharma Director at TaxClue
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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Short, direct answers to the 6 questions readers ask most on this topic.

The Commissioner or any officer authorized can audit a registered person at their business premises. The taxpayer is informed 15 days in advance. Audit must be completed within 3 months (extendable by 6 months).

Section 73 deals with non-fraud cases (non-payment, short-payment, wrong ITC without fraud/wilful suppression). Section 74 deals with fraud, wilful misstatement, or suppression — attracting higher penalty of 100% of tax.

Section 73 (non-fraud): 3 years from due date of annual return. Section 74 (fraud): 5 years from due date of annual return.

SCN under Section 73/74 must be replied to within 30 days. Taxpayer can pay the demanded amount with interest to close proceedings. Alternatively, contest the demand with detailed reply.

Mandatory pre-deposit of 10% of disputed tax for appeal to GST Appellate Authority; 20% for appeal to Appellate Tribunal (GSTAT, under constitution). Full deposit requirement may vary post-GSTAT.

If the GST officer believes (during scrutiny/investigation) that ITC availed or turnover has not been correctly declared, a special audit can be directed by the Commissioner. The audit is conducted by a CA/CWA nominated by the Commissioner.