Notice Late Fee · 28 Jul 2024
Wrong HSN code on an item — notice received
A notice says the HSN on an item does not match. Open GSTR-1, keep the invoices, and reply on the portal. Do not invent a GST rate.
The notice is folded twice and tucked under the glass of the billing counter, next to the price list for steel boxes. You read it between customers. It talks about HSN. You have sold the same SKU for three years, billed the way the wholesaler billed you. Now an officer wants to know why your code and their idea of the product are not friends.
HSN is the classification number you put on the invoice and, in summarised form, inside GSTR-1. It is not a lucky number. It is not "whatever the software defaulted on day one." If the notice is about a wrong HSN, your job is to show what you actually sold, what you reported, and why you chose that code — or to accept a genuine mistake and correct it the legal way. Inventing a new GST rate on the spot to "match the notice" is how a small error becomes a second error.
Read the notice before you argue with the software
Login at gst.gov.in. Go to Services > User Services > View Additional Notices and Orders (wording can vary slightly; look under User Services / View Notices). Open the reference number printed on the paper. Download the PDF. Note the tax period, the invoice series if mentioned, the HSN they dispute, and the due date to reply. If the due date is unclear on an old printout, check this month's official date and the portal clock. Do not use a neighbour's deadline.
If the notice came as an email or SMS, still open it on the portal. Screenshots of SMS are not a reply. Replies belong in the portal workflow that sits on that notice.
Write a one-page shop note in plain language for yourself: item name as sold, what the customer uses it for, purchase invoice HSN from the supplier, your sales invoice HSN, and the table in GSTR-1 where that HSN total sat. You are not writing a judgment. You are lining up facts.
Where HSN lives in GSTR-1
GSTR-1 is not only invoice-wise B2B. It also carries HSN-wise summary of outward supplies. Path: Services > Returns > Returns Dashboard → select the financial year and period → GSTR-1 → open the HSN summary table (often Table 12; confirm the label on your screen for that period). That table is where a mismatch often starts: your invoice said one code, the summary rolled up another, or the officer's view of the product points to a different heading.
B2B invoices in GSTR-1 also carry HSN at line level for registered buyers. If the notice quotes a GSTIN and an invoice number, pull that invoice from your software and from GSTR-1 > B2B for that month. Check digits: 4-digit versus 6-digit versus 8-digit, depending on what your turnover class required in that period. Requirements on HSN digits have changed over years. Check this month's official date and the rule that applied to your turnover in the notice period — not a WhatsApp list from 2020.
Do not "fix" GSTR-1 for an old month by typing a fantasy figure tonight unless the portal still allows amendment in the lawful window. Late correction has its own path (amendment tables, later periods). A local helper should map that. Blind overwrite is not a strategy.
Classification is about the goods, not the shop nickname
You call it "machine oil." The supplier called it "lubricant." The officer may see a different heading. Classification follows the product as it is, with the HSN tariff, not the nickname on your shelf strip. Keep a sample label, a brochure if you have one, and the purchase invoice. If you assemble or pack, say so honestly. Do not relabel the product in the reply to hunt a lower rate.
Rate and HSN are related but not the same fight. A notice on HSN may also hint that tax was short. Do not invent a rate to close the mail. If you need a rate confirmation, use official tariff / rate notifications and, for a personal case, a local practitioner. GST Atka will not pick a rate for your SKU.
If you used the supplier's HSN in good faith, say that, and attach the purchase bill. Good faith is not a magic shield, but it is better than silence. If you copied a wrong code from an old item master and never looked again, say that too. Officers read waffle. They also read a clean admission plus a correction plan.
How to reply on the portal
From the same notice screen, use Reply / Submit Response (or the button shown on that notice). Upload: notice copy, invoice copies, GSTR-1 HSN table screenshot for that period, purchase bills, and a short covering letter. The letter should list invoice numbers, HSN used, HSN you now believe is correct if you agree there was a mistake, and tax already paid in GSTR-3B for those supplies. Do not attach fifty unrelated PDFs.
If you disagree, explain the product in one paragraph a stranger can understand. "Item is a plastic household bucket, not an industrial tank" is clearer than "classification is well settled." If you agree, do not hide. Ask how they want the differential tax and interest handled — often through DRC-03 or the path printed on the notice. Pay only through official gst.gov.in challans. Check this month's official date for any fee or interest the notice cites; percentages get revised.
Keep the acknowledgement after submit. Print it. Put it in the same file as the notice. If the portal times out, try again and do not assume the first click saved.
Papers that belong in the drawer, not in the bin
Shops throw old invoices after a year. For a classification dispute you want: tax invoices inward and outward, e-way bills if any, product photos, and the GSTR-1 and GSTR-3B of that period. If you changed software, export the item master with HSN history. If a CA or accountant set the code, note their name and the date — not to blame, to reconstruct.
Do not manufacture a back-dated invoice with a new HSN. That is a false document. If you need a credit note or a fresh invoice, do it under the rules for the real supply date. Fake papers make the next notice worse.
When the next month's GSTR-1 is due, do not copy last year's HSN blindly for a new product line. Check the item. Check this month's official date for the return due date while you are in the dashboard anyway.
After you reply, watch the status
Notices can stay pending while you think you finished. Open View Additional Notices and Orders once a week until you see a closure, a further query, or an order. An order with tax demand has its own appeal clock. Phone is not the portal. If they call a hearing, take the same file, not a new story.
FAQ
The wholesaler used a different HSN than I did. Who is wrong?
Maybe the wholesaler, maybe you, maybe both of you used a lazy default. Your outward supply is your classification to defend. Put both invoices in the reply. Do not invent a third HSN just to sit in the middle.
Can I change HSN in GSTR-1 after the notice to make the table pretty?
Only through the amendment route the portal still allows for that period. A pretty table that does not match invoices is a new mismatch. Speak to local help before you touch old GSTR-1.
The notice mentions a GST rate I never charged. Should I start charging it from tonight?
Not on a guess. Confirm the product heading and the official rate list. If you undercharged, the fix is tax plus interest the lawful way, not a silent new rate on some customers and old rate on others. Do not evade. Check this month's official date for any rate change notifications.
Do I need to visit the office with a printout if I already replied online?
Follow what the notice says. Many files move on the portal. If they call you for documents, carry the same set you uploaded. Do not submit a different HSN story at the counter.
GST Atka is not a GSTN office. File on gst.gov.in. Rules change. Do not evade tax. Personal case: get local help.