FAQs > Accessing and Responding to Communications Received as part of Enforcement Case Proceedings

General

1. What are Enforcement Case Proceedings?

The entire gamut of actions undertaken by tax officials to curb tax evasion is generally referred as ‘Enforcement’. The process mainly involves steps such as gathering intelligence, calling for documents, issue of summons, recording of statements, inspection/search of premises, seizure of documents/goods, detention of goods/conveyance (including those in transit), confiscation of goods/conveyance, etc.

 

The process may lead to issuance of demand notice (SCN) to the concerned person/Taxpayer, unless the liability determined as part of enforcement proceedings is paid in full, along with applicable interest and penalties.  

2.  As part of the Enforcement proceedings, if any, initiated by Tax Officials, what are all the different kinds of communications that I, as a taxpayer, may receive on GST Portal (Taxpayer’s Dashboard)?

The following are the various kinds of communications which you may receive on GST Portal:

 

Nature of Communication

Purpose of Communication

Navigation Path for Taxpayer to Access the Communication

Notice for Calling Information

For directing a registered taxpayer or third party to provide specific information regarding books of accounts, supporting documents etc.

Dashboard > Services > User Services > View Additional Notices/Orders > Notice Calling Information > NOTICES

Reminder 1 Notice

For reminding first time a registered taxpayer or third party in case they have not replied to the issued "Notice Calling Information" by the due date specified in the Notice

Dashboard > Services > User Services > View Additional Notices/Orders > Reminder 1-Notice Calling Information > NOTICES

Reminder 2 Notice

For reminding 2nd  time a registered taxpayer or third party in case they have not replied to the issued "Notice Calling Information" by the due date specified in the Notice

Dashboard > Services > User Services > View Additional Notices/Orders > Reminder 2-Notice Calling Information > NOTICES

Reminder 3 Notice   

 

For reminding 3rd time a registered taxpayer or third party in case they have not replied to the issued "Notice Calling Information" by the due date specified in the Notice

Dashboard > Services > User Services > View Additional Notices/Orders > Reminder 3-Notice Calling Information > NOTICES

Notice to Summon

For directing the Taxpayer or third person (Identified person e.g. suppliers) to be present in person or through authorized representative in order to provide specified information/ evidence/

documents etc.

Dashboard > Services > User Services > View Additional Notices/Orders > Notice To Summon > NOTICES

Notice for Adjournment of Summon

For intimating the Taxpayer or third party regarding Adjournment of Summon

Dashboard > Services > User Services > View Additional Notices/Orders > Notice For Adjournment of Summon > NOTICES

Personal Hearing

For directing the Taxpayer or third person (Identified person e.g. suppliers) to be present in person or through authorized representative for the hearing in the case

Dashboard > Services > User Services > View Additional Notices/Orders > Personal Hearing > NOTICES

GST INS-02 ORDER OF SEIZURE

Tax official can use this form to issue an order of seizure of the goods, documents, books or things  

Dashboard > Services > User Services > View Additional Notices/Orders > GST INS-02 ORDER OF SEIZURE > ORDERS

GST INS-03 ORDER OF PROHIBITION

Tax official can use this form to issue an order of prohibition to owner or custodian of goods to not to remove, part or otherwise deal with goods, except with the previous permission of officer, in case it is not practicable to seize the goods

Dashboard > Services > User Services > View Additional Notices/Orders > GST INS-03 ORDER OF PROHIBITION > ORDERS

GST INS-04 BOND FOR RELEASE OF GOODS SEIZED

Tax official can use this form to release seized goods on provisional basis upon execution of bond and furnishing of security

Dashboard > Services > User Services > View Additional Notices/Orders > INS-04 BOND FOR RELEASE OF GOODS SEIZED > PROCEEDINGS

GST INS-05 ORDER OF RELEASE OF GOODS

Tax official can use this form to release the seized goods, which are of hazardous/perishable nature, after making payment as required under law

Dashboard > Services > User Services > View Additional Notices/Orders > GST INS-05 ORDER OF RELEASE OF GOODS > ORDERS

Detention/Seizure Memo

Tax official can use this form to seize the goods.

Dashboard > Services > User Services > View Additional Notices/Orders > Detention/Seizure Memo > NOTICES

ORDER OF RELEASE OF GOODS

Tax official can use this form to release the seized goods, in case he/she is satisfied with the Taxpayer's or third party's reply to the issued Detention/Seizure Memo

Dashboard > Services > User Services > View Additional Notices/Orders > ORDER OF RELEASE OF GOODS > ORDERS

SHOW CAUSE NOTICE

Tax official can use this form to issue SCN in case he/she is not satisfied with the Taxpayer's or third party's reply to the issued Detention/Seizure Memo

Dashboard > Services > User Services > View Additional Notices/Orders > SHOW CAUSE NOTICE > NOTICES

ORDER OF RELEASE OF SECURITY

Tax official can use this form to release the security of the seized goods, in case he/she is satisfied with the Taxpayer's or third party's payment of the related Tax/Interest/Penalty

Dashboard > Services > User Services > View Additional Notices/Orders > ORDER OF RELEASE OF SECURITY > ORDERS

MOV-01 STATEMENT OF OWNER/DRIVER/PERSON-IN-CHARGE

Tax official can use this form to record Statement of the OWNER/DRIVER/PERSON-IN-CHARGE whose goods and/or conveyance were intercepted  

Dashboard > Services > User Services > View Additional Notices/Orders > MOV-01 STATEMENT OF OWNER/DRIVER/PERSON-IN-CHARGE > PROCEEDINGS

MOV-02 ORDER FOR PHYSICAL VERIFICATION OF G/C Tax official can use this form to issue Order for physical verification of goods and/or conveyance were intercepted and the Taxpayer fails to produce the required documents Dashboard > Services > User Services > View Additional Notices/Orders > MOV-02 ORDER FOR PHYSICAL VERIFICATION OF G/C > ORDERS
MOV-03 EXTENSION OF INSPECTION TIME Tax official can use this Form to allow extension of inspection time of the intercepted goods and/or conveyance (when in movement) Dashboard > Services > User Services > View Additional Notices/Orders > MOV-03 EXTENSION OF INSPECTION TIME > PROCEEDINGS
MOV-04 PHYSICAL VERIFICATION REPORT Tax official can use this Report to provide details of physical verification of the intercepted goods and/or conveyance (when in movement) Dashboard > Services > User Services > View Additional Notices/Orders > MOV-04 PHYSICAL VERIFICATION REPORT > PROCEEDINGS
MOV-05 RELEASE ORDER Tax official can use this Form to allow  release of  intercepted goods and/or conveyance (when in movement) Dashboard > Services > User Services > View Additional Notices/Orders > MOV-05 RELEASE ORDER > ORDERS
MOV-06 DETENTION ORDER Tax official can use this Form to detain or seize the intercepted goods and/or conveyance (when in movement) Dashboard > Services > User Services > View Additional Notices/Orders > MOV-06 DETENTION ORDER >ORDERS
MOV-07 NOTICE UNDER SECTION 129(3) of GST ACT Tax official can use this Form to issue notice to the taxpayer calling him/her to appear for a personal hearing after detaining or seizing the intercepted goods and/or conveyance (when in movement) Dashboard > Services > User Services > View Additional Notices/Orders > SHOW CAUSE NOTICE > NOTICES
MOV-08 BOND FOR PROVISIONAL RELEASE OF G/C Tax official can use this Form to report the submission of original Bond for provisional release of goods/ conveyance that were detained or seized Dashboard > Services > User Services > View Additional Notices/Orders > MOV-08 BOND FOR PROVISIONAL RELEASE OF G/C > PROCEEDINGS
MOV-09 ORDER OF DEMAND - TAX & PENALTY Tax official can use this Form to issue speaking Order for tax or penalty related to goods/ conveyance that were detained or seized Dashboard > Services > User Services > View Additional Notices/Orders > MOV-09 ORDER OF DEMAND - TAX & PENALTY > ORDERS
MOV-10 NOTICE FOR CONFISCATION & LEVY OF PENALTY Tax official can use this Form to issue Notice for confiscation and levy of penalty related to goods/ conveyance that were detained or seized Dashboard > Services > User Services > View Additional Notices/Orders > MOV-10 NOTICE FOR CONFISCATION & LEVY OF PENALTY > NOTICES
MOV-11 ORDER OF CONFISCATION Tax official can use this Form to issue Order for confiscation on goods/ conveyance that were detained or seized Dashboard > Services > User Services > View Additional Notices/Orders > MOV-11 ORDER OF CONFISCATION > ORDERS

 

Note: Taxpayers are advised to check on daily basis, for notices/orders/communications issued to them, if any, from the tax officers.

Viewing and Taking Actions on NOTICES Tabs

3. What happens on the GST Portal if a Notice is issued by the Enforcement Officer?

Following actions take place on the GST Portal once a Notice is issued by an Enforcement Officer:

Note: In case Third Party is the Recipient of the Notice, the Notice will be sent to them via post or special messenger. No other intimation will be sent to them.

4. In case a Notice is issued to the third party, can the Taxpayer view it on his/her dashboard?

No, in case a Notice is issued to the third party, the Taxpayer cannot view it on his/her dashboard.

Viewing and Filing Reply or Counter-Reply

5. What happens on the GST Portal once I file Reply or a Counter-reply?

Once you file Reply or a Counter-reply, following actions take place on the GST Portal:

6. What happens on the GST Portal once the concerned Tax Official files Reply or a Counter-reply?

Once the concerned Tax Official files Reply or a Counter-reply, following actions take place on the GST Portal:

7. Against a particular communication, is there any limit on number of replies or counter-replies, I can file?

No, there is no limit on number of Replies or Counter-replies which you can file against a single communication.  

8. In case third party sends a reply to an issued Notice offline, will I be able to see it?

In case, third party sends a reply to an issued Notice offline and the Tax Officer uploads it on GST Portal in the REPLIES tab, you can view it from there. No separate intimation is sent to anyone about the filed reply in such a case.   

Viewing and Taking Actions on PROCEEDINGS tab

9. Can I furnish security in Form INS-04 BOND FOR RELEASE OF GOODS SEIZED on the GST Portal?

No, you cannot furnish security in Form INS-04 BOND FOR RELEASE OF GOODS SEIZED, on the GST Portal. You must submit the physical copy to the Enforcement Officer. Once you furnish the hard copy, Enforcement Officer will upload the bond/security copy on the GST Portal.

Status of Enforcement Case ID

10. What are the various Status changes that an Enforcement Case ID will undergo during proceedings?

Status types using which you can search for an Enforcement Case ID on the Search Screen are:

 

Status of Case ID

  Action Taken on the Case ID that Results in this Status

Notice for Adjournment of Summon issued

When an Enforcement Officer issues Notice for Adjournment of Summon to the Taxpayer or the Third Party

Notice for Summon issued

When an Enforcement Officer issues Notice for Summon to the Taxpayer or the Third Party

Notice for personal hearing issued

When an Enforcement Officer issues Notice for personal hearing to the Taxpayer or the Third Party

Notice for production of supporting docs

When an Enforcement Officer issues Notice for production of supporting documents to the Taxpayer or the Third Party

Notice issued

When an Enforcement Officer issues Notice to the Taxpayer or the Third Party

Other notice issued

When an Enforcement Officer issues other Notice to the Taxpayer or the Third Party

Reminder 1 Notice issued

When an Enforcement Officer issues Reminder 1 to the Taxpayer or the Third Party

Reminder 2 Notice issued

When an Enforcement Officer issues Reminder 2 to the Taxpayer or the Third Party

Reminder 3 Notice issued

When an Enforcement Officer issues Reminder 3 to the Taxpayer or the Third Party

Reply Received

When Reply is submitted by the Taxpayer or the Concerned Tax Official

GST INS-02 Issued

When an Enforcement Officer issues "GST INS-02 ORDER OF SEIZURE" in the case

GST INS-03 issued

When an Enforcement Officer issues "GST INS-03 ORDER OF PROHIBITION" in the case

GST INS-04 Accepted

When an Enforcement Officer accepts the "Form INS-04 BOND FOR RELEASE OF GOODS SEIZED", which was physically submitted by the Taxpayer  

GST INS-05 issued

When an Enforcement Officer issues "GST INS-05 ORDER OF RELEASE OF GOODS" to the Taxpayer on goods which are of hazardous/perishable nature

Detention memo issued

When an Enforcement Officer issues "Detention/Seizure Memo" Notice to the Taxpayer or the Third Party on goods/books/documents/conveyance (when not in movement)

Order of Release of Goods issued

When an Enforcement Officer issues "Order of Release of Goods" to the Taxpayer or the Third Party after their satisfactory reply to the issued Detention/Seizure Memo

Show Cause Notice issued

When an Enforcement Officer issues "Show Cause Notice" to the Taxpayer or the Third Party after examining their reply to the issued Detention/Seizure Memo

Order of Release of Security issued

When an Enforcement Officer issues "Order of Release of Security" to the Taxpayer or the Third Party after their payment of the Tax/Interest/Penalty with regard to the goods seized

MOV-1 issued

When an Enforcement Officer issues "MOV-01 STATEMENT OF OWNER/DRIVER/PERSON-IN-CHARGE" to the Taxpayer

MOV-2 issued

When an Enforcement Officer issues "MOV-02 ORDER FOR PHYSICAL VERIFICATION OF G/C" to the Taxpayer

MOV-3 issued

When an Enforcement Officer issues "MOV-02 ORDER FOR PHYSICAL VERIFICATION OF G/C" to the Taxpayer

MOV-3 issued

When an Enforcement Officer issues "MOV-03 EXTENSION OF INSPECTION TIME" to the Taxpayer

MOV-4 issued

When an Enforcement Officer issues "MOV-04 PHYSICAL VERIFICATION REPORT" to the Taxpayer

MOV-5 issued

When an Enforcement Officer issues "MOV-05 RELEASE ORDER" to the Taxpayer

MOV-6 issued

When an Enforcement Officer issues "MOV-06 DETENTION ORDER" to the Taxpayer

MOV-7 issued

When an Enforcement Officer issues "MOV-07 NOTICE UNDER SECTION 129(3) of GST ACT" to the Taxpayer

MOV-8 issued

When an Enforcement Officer issues "MOV-08 BOND FOR PROVISIONAL RELEASE OF G/C" to the Taxpayer

MOV-9 issued

When an Enforcement Officer issues "MOV-09 ORDER OF DEMAND - TAX & PENALTY" to the Taxpayer

MOV-10 issued

When an Enforcement Officer issues "MOV-10 NOTICE FOR CONFISCATION & LEVY OF PENALTY" to the Taxpayer

MOV-11 issued

When an Enforcement Officer issues "MOV-11 ORDER OF CONFISCATION" to the Taxpayer

 

Initiating Request for Rectification

11. When can taxpayer initiate request for rectification?

Taxpayer can initiate request for rectification once MOV-09 or MOV-11 orders are issued. If both MOV-09 and MOV-11 are issued, then request for rectification can not be initiated for MOV-09 order. It can only be initiated for MOV-11.

12. How many times can taxpayer initiate request for rectification?

Rectification of an order can be initiated multiple times, but at a time, only one rectification proceeding will be allowed in the system.
For Eg. If Taxpayer has filed the rectification request, Suo moto rectification order will not be allowed, till the order (Accept/Reject) is passed against the Rectification Application.