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DGGI enquiries

DGGI Enquiry or Summons?
A Playbook for Platforms

These enquiries rarely start with a demand. They start with a request for information — and that is the stage where the outcome is still yours to shape.

Sec. 70
Summons power used at the enquiry stage
48 hrs
Where the response is won or lost
Payment data
How India revenue gets reconstructed
Ex-parte
What silence tends to produce
CA Parmod Bindal
Prepared by CA Parmod Bindal
Founder & Lead OIDAR Specialist · OIDARIndia™
Updated October 2026
India's dedicated OIDAR practice

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Executive summary

Enquiries into offshore platforms rarely begin with a demand. They begin with a request for information — which is the point at which the outcome is still shapeable, and the point most platforms waste.

What you need to know
  • Identify the instrument first. A Section 70 summons, an information request, a DRC-01 intimation and a Show Cause Notice carry different deadlines and different consequences.
  • No Indian entity is not a defence. The enquiry follows the supply, and the department reconstructs India revenue from payment-side data.
  • Silence produces an estimate. An unanswered enquiry tends to end in an order built on the department's assumptions about your Indian revenue, not your records.
  • The evidence is contemporaneous or it is weak. Terms of service, fee disclosure and custody language carry far more weight than an explanation written after the enquiry lands.
1

What these enquiries actually look like

The sequence is more predictable than it feels when the first email arrives.

Initial contact

Often an email or letter to a general or compliance address, sometimes to a group entity rather than the platform itself. It asks for information about India-facing activity and may not use the word "tax" prominently.

Information request or summons

A request for user numbers, India-attributable revenue, fee structures, settlement flows and corporate structure. Under Section 70 this can take the form of a summons compelling production of documents.

Quantification

The department builds a figure. Where the platform has not provided its own, the figure is reconstructed from payment-side data — which is almost always higher and broader than the platform's fee income.

Intimation, then Show Cause Notice

A DRC-01A intimation may precede a formal Show Cause Notice. Once the Notice issues, the matter is time-bound and the arguments narrow sharply.

The stage that matters most
Everything is cheapest at stage two. A platform that supplies a clear, documented account of its India activity and its fee basis at the information stage is arguing about the right number from the start. A platform that engages only after a Show Cause Notice is arguing against a number someone else constructed.
2

The first 48 hours

What to do immediately, in order, before any substantive reply is drafted.

  • Diarise the deadline from the date on the document, not the date it reached the right person internally. Internal routing delay is not a recognised excuse.
  • Classify the instrument. Establish whether it is an information request, a Section 70 summons, a DRC-01A intimation or a Show Cause Notice, and what each requires of you.
  • Acknowledge receipt. A short acknowledgement, with a request for time where the window is tight, is materially better than silence while you organise internally.
  • Freeze the record. Preserve the terms of service, fee schedules and user agreements as they stood in the periods under enquiry — not as they read today.
  • Route it to one owner. Enquiries answered by several people in parallel produce inconsistencies that are quoted back later.
  • Separate the tax threads. Do not answer a GST enquiry with withholding material, or the reverse. See our crypto tax guide on why the two run on different bases.
What not to do
Do not send a detailed technical defence of your tax position in the first reply. At the information stage you do not yet know what case is being built, and an early position taken on incomplete information is difficult to move away from later without looking evasive.
3

The evidence that decides it

Most of what determines the outcome existed long before the enquiry, which is why preparation beats argument.

What the department asks forWhat it is used to establish
India-attributable user numbers and revenue by periodWhether registration was required, and from when
Fee schedules, commission and spread structureWhether the taxable value is the fee or something broader
Terms of service and user agreementsWhether the platform acts as facilitator or principal
Settlement and custody flowsCharacterisation, and any withholding exposure
Corporate structure and group entitiesWhich entity made the supply, and who should be assessed
Why contemporaneous documents win
A fee-only position rests on showing that the platform supplied a service and did not take a principal position in the underlying transaction. Terms of service drafted years earlier, fee disclosures shown to users at the time, and custody arrangements as actually operated are evidence. A memorandum prepared after the enquiry describing the same thing is argument. The first persuades; the second invites the question of why it was needed.
4

Four costly mistakes

Each of these is common, and each narrows the options available later.

  • Ignoring it because there is no Indian entity. The enquiry follows the supply. Silence converts a negotiable position into an ex-parte order built on someone else's estimate.
  • Letting the department set the number. Where the platform supplies nothing, quantification proceeds from payment-side data, which captures gross flows rather than fee income.
  • Treating FIU-IND registration as a tax answer. They are different regulators with different obligations; offering one as evidence of the other weakens the reply.
  • Answering inconsistently across threads. Information given to one authority, or by one team, is read against everything else you say.
5

Checklist

If an enquiry has arrived, work through this in order.

Immediate
  • Diarise the deadline from the document date
  • Classify the instrument — summons, information request, intimation or Show Cause Notice
  • Acknowledge receipt and request time if the window is short
  • Preserve period-correct terms of service, fee schedules and user agreements
  • Assemble India-attributable revenue by period on your own basis
  • Appoint a single owner for all correspondence
  • Model exposure before conceding any figure — penalty calculator
  • If no notice has arrived yet, read voluntary registration first

Common questions

What is a DGGI summons and how is it different from a GST notice?

A summons under Section 70 of the CGST Act compels attendance and the production of documents in an ongoing enquiry. It is an investigative instrument, not a demand: no tax is asserted and no liability is quantified. A Show Cause Notice is the opposite — it states a case against you and starts a time-bound adjudication. Treating a summons as a demand leads platforms to argue the merits far too early; treating it as unimportant leads them to under-prepare the material that will shape whether a demand is ever raised. The correct response to a summons is accurate, complete, carefully scoped disclosure of what is actually asked for.

Can DGGI act against an exchange with no Indian entity?

Yes. The enquiry is directed at a supply made to Indian recipients, not at an Indian establishment, so the absence of an Indian entity is not a jurisdictional answer. In practice the department reconstructs India-attributable activity from payment-side data obtained from banks and payment intermediaries rather than relying on the platform's cooperation. The absence of a local entity does affect recovery, but it does not prevent a demand being raised and confirmed, and an unanswered enquiry tends to produce an ex-parte order built on the department's own estimate of your Indian revenue rather than on your figures.