Insights · Regulatory Defence
GST Show Cause Notice in DRC-01: How to Reply in DRC-06
How to read a GST show cause notice, what the DRC-06 reply should contain, your right to a hearing, and what follows the order.
A GST show cause notice comes with a summary in Form DRC-01 and is answered in Form DRC-06 by the date stated in the notice. The Act does not fix a number of days, so that date is your deadline. The reply and the hearing set the record for everything that follows, because the order cannot go beyond the notice.
First steps
- Download the detailed notice, the DRC-01 and every annexure, and record the date of upload
- Note the section (73, 74 or 74A), the period, the tax, interest and penalty proposed, and the reply date
- Check the time limit for that period, and work out the window for paying on reduced penalty
- Ask in writing for any document the notice relies on but has not supplied
- File DRC-06 by the date, and ask for a personal hearing in the reply
Read the notice for these points
| Point | Why it matters |
|---|---|
| Section invoked | Sections 73 and 74 cover periods up to 2023-24; section 74A covers 2024-25 onwards. The section sets the time limit and the penalty |
| Allegation of fraud or suppression | This has to rest on evidence set out in the notice, and suppression cannot simply be assumed |
| Detailed notice and summary | DRC-01 is a summary and is meant to accompany a detailed notice, not replace it |
| Parallel action | An officer should not start proceedings where another GST authority has already acted on the same subject matter |
| Figures | Rebuild the demand yourself. Errors in the period, in the rate or in credit already reversed are common |
Paying early
Paying through Form DRC-03 can reduce or remove the penalty, but only within fixed windows, so work these out before you decide how far to contest.
| Section | If tax and interest are paid | Penalty |
|---|---|---|
| 73 | Within 30 days of the notice | None |
| 74 | Within 30 days of the notice | 25% |
| 74 | Within 30 days of the order | 50% |
| 74A, no fraud | Within 60 days of the notice | None |
| 74A, fraud or suppression | Within 60 days of the notice | 25% |
| 74A, fraud or suppression | Within 60 days of the order | 50% |
What the DRC-06 reply should contain
- Preliminary objections. Time limit, jurisdiction, the wrong section, and documents not supplied.
- The facts. A short account of the business and the transactions in question.
- Issue-by-issue answer. Take each allegation in the order the notice raises it, not as one long narrative.
- Reconciliations. Returns to books, GSTR-2B to credit claimed, and your figures against the department’s.
- The law. The provisions, circulars and binding decisions relied on.
- Amounts. What is admitted and what is disputed, and what has been paid.
- Requests. A personal hearing under section 75(4), and cross-examination where the notice relies on a third party’s statement, with the reason it is material.
Index the annexures, since the portal limits attachment sizes, and keep the acknowledgement.
The hearing and the order
- A hearing must be given where you ask in writing or where an adverse decision is contemplated (section 75(4)).
- Adjournments are allowed for sufficient cause, up to three times (section 75(5)). CBIC Circular 258/04/2026-GST of 26 October 2026 refers to a maximum of four hearing opportunities, and says a virtual hearing may be offered.
- The order must set out the facts and the basis of the decision (section 75(6)), cannot exceed the notice or rely on new grounds (section 75(7)), and lapses if not issued within the time limit (section 75(10)).
- A summary of the order comes in Form DRC-07, which also serves as the notice for recovery.
After the order
An appeal lies to the Appellate Authority within three months, with one further month for sufficient cause, on payment of the admitted tax and 10% of the disputed tax. That pre-deposit stays recovery of the balance. The steps after that, including the GST Appellate Tribunal and writ petitions, are in GST litigation.
If the matter began with a summons, see our guide to a DGGI summons under section 70. Other forms are listed in income tax and GST notices explained.