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GST Advisory, Audits & Disputes

Practical GST advisory and decisive representation from show-cause notice to appellate courts.

Goods and Services Tax (GST) involves frequent statutory amendments, notifications, circulars and portal-driven compliance checks. Discrepancies in classification, Input Tax Credit (ITC), GSTR-3B vs 2A/2B reconciliations, or place-of-supply rules can quickly trigger demand notices, interest and penalties.

Avyaksham Legal LLP advises businesses, manufacturers, service providers, exporters and e-commerce platforms on complex GST questions. We assist with transaction structuring, audit defences, responding to notices from DGGI and jurisdictional officers, and filing appeals.

Our litigation practice represents clients before Appellate Authorities, Appellate Tribunals (GSTAT), and High Courts in writ jurisdiction where procedural lapses or unconstitutional demands occur.

Practice Overview

We evaluate GST exposure by aligning contract terms, supply chains, tax invoices, electronic portal filings and judicial precedents to construct defensible positions.

Core Principles
Transaction-based GST classification
Evidence-led ITC reconciliation
Structured show-cause responses
Proactive portal risk monitoring
Appellate & writ litigation strategy
Key Practice Focus

Core Practice Capabilities

GST Structuring & Transactional Advisory

Legal guidance on tax rates, exemptions, place of supply and contract structuring.

Strategic Perspective

The GST treatment should follow the actual supply and contract. Labels used in an invoice or agreement cannot cure a structure that operates differently in practice.

Scope of Support & Execution

Goods and service classification and HSN/SAC determination
Rate and exemption analysis under GST notifications
Composite and mixed supply evaluation for complex contracts
Place, time and value of supply determinations
Reverse-charge mechanism (RCM) applicability review
Related-party, cross-charge and branch transfer transactions
E-commerce and marketplace GST compliance advisory
Drafting GST tax-indemnity and compliance clauses in commercial contracts

Input Tax Credit and Reconciliation Disputes

Support for credit eligibility, mismatch, reversal and vendor-related issues.

Strategic Perspective

Credit denials often arise from supplier-side defaults. Establishing genuine receipt of goods/services, payment, and tax invoice validity is essential to defend ITC.

Scope of Support & Execution

Section 16 eligibility and Section 17(5) blocked credit analysis
GSTR-2A / 2B vs GSTR-3B mismatch notices and reconciliations
Defending ITC claims challenged due to supplier non-filing or default
Capital goods ITC and rule-based reversal calculations
Rule 86A electronic credit ledger blocking challenges
Inverted duty structure and export refund claim processing

Audit, Inspection, Investigation & Search Support

Representation during GST department audits (Sec 65), inspections, DGGI summons and search actions.

Strategic Perspective

Statements recorded during summons or inspection form key evidence. Ensuring factual accuracy and immediate legal review is critical.

Scope of Support & Execution

Handling departmental audit queries, spot memos and draft reports
Legal assistance during DGGI and Anti-Evasion investigations
Summons preparation and representation under Section 70
Defending against provisional attachment under Section 83
Search, seizure and inspection representation (Sec 67)
Voluntary payment evaluation and reservation-of-rights statements

Show-Cause Notices, Appeals & Writ Litigation

Defending demand notices and pursuing appellate or constitutional remedies.

Strategic Perspective

Show-cause replies must address every ground of allegation. Issues not raised in the initial reply are difficult to introduce in higher appellate stages.

Scope of Support & Execution

Drafting replies to SCNs under Section 73 (non-fraud) and Section 74 (fraud/suppression)
Personal hearing representation before Adjudicating Authorities
Appeals before the First Appellate Authority (Section 107)
Appellate litigation before the Goods and Services Tax Appellate Tribunal (GSTAT)
Writ petitions before High Courts against arbitrary orders, unconstitutional levies or circulars
Rectification applications and stay-of-recovery proceedings
Exposure Assessment

Matter Intelligence: Risk Mitigation

Identified risk points and exposure vectors commonly encountered across practice engagements.

1Ignoring GSTR-2B mismatches, leading to sudden ITC demand notices with interest
2Incorrect place-of-supply determination causing double taxation risks
3Submitting informal replies to SCNs without legal grounds and statutory backing
4Missing the strict statutory limitation periods for filing GST appeals
5Underestimating DGGI summons or failing to maintain proper proof of supply
Client Profiles

Who We Assist

Manufacturers, exporters and trading enterprises
Service providers, IT/SaaS firms and logistics operators
E-commerce platforms and digital marketplaces
Real-estate and construction entities
Start-ups, private companies, LLPs and proprietorships facing GST audits or notices
Strategic Edge

Why Clients Engage Avyaksham

Clients choose Avyaksham Legal LLP for GST matters because we bridge accounting data with statutory interpretation and litigation experience. We handle GST disputes decisively, protecting cash flow and business reputation.

Methodology

How an Engagement Proceeds

01

Map the transaction and registrations involved

02

Review contracts, invoices, returns, statements and movement records

03

Identify legal, factual and procedural issues

04

Prepare structured notice responses, appeals or writ petitions

05

Represent before GST authorities, appellate bodies and High Courts

Clarity & Insights

Frequently Asked Questions

Can Input Tax Credit be denied if my supplier fails to pay tax?

While authorities often issue notices for supplier default, courts have established conditions under which genuine buyers who paid tax to suppliers cannot be penalised without investigating the supplier first.

What should I do if my Electronic Credit Ledger is blocked under Rule 86A?

Rule 86A requires reasonable belief of fraudulent ITC. You can file objections showing valid tax invoices, movement proof and payment evidence, or challenge arbitrary blocking via writ proceedings.

What is the timeline to file a GST First Appeal?

Under Section 107, an appeal must be filed within 3 months from the date of communication of the order, extendable by 1 month on sufficient cause.

Final Note

GST law moves quickly. Timely legal evaluation of transactions and department notices prevents administrative disruptions and unexpected tax liabilities.

CONSULT ON GST ADVISORY OR DISPUTES

The material on this website is provided for general information only and does not constitute legal advice, a legal opinion, solicitation or an offer to represent any person. Accessing this website or communicating through it does not create an advocate-client relationship. A relationship is formed only after conflict checks, written acceptance and agreed terms of engagement. Laws, rules, procedures and regulatory positions may change, and advice must be obtained for the facts and jurisdiction of a specific matter. No outcome is promised or guaranteed.

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