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Appeals Alternate Remdies: A Presentation by
Appeals Alternate Remdies: A Presentation by
A Presentation by
CA. (Dr.) Shailendra Saxena
B.COM,SAP(FICO),ACS,FCMA,FCA,DISA(ICAI).Ph.D.
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GST
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APPEALS & RIVISION: OVERVIEW
The GST Law provides for the following hierarchy for
appeals:
1. Appeal to First Appellate Authority
2. Revision by Commissioner (applicable to SGST)
3. Appeal to Appellate Tribunal
4. Appeal to High Court
5. Appeal to Supreme Court
There will be differences in the appellate mechanism
available to the Tax Administration between CGST and
SGST.
GST Law specifically empowers the department to file
appeals before the First Appellate Authority and the
Appellate Tribunal in respect of CGST, for SGST it
provides for powers to revise adjudication orders. 3
THE GST LAW PROVIDES FOR A FOUR-LAYERED
APPEAL STRUCTURE
been filed.
NO APPEAL SHALL BE FILED, UNLESS THE APPELLANT HAS
DEPOSITED A SUM EQUAL TO FULL(PART) OR TEN PERCENT OF
THE AMOUNT IN DISPUTE ARISING FROM THE SAID ORDER, IN
RELATION TO WHICHTHE APPEAL HAS BEEN FILED.[SEC.
107(6)]
ISSUE NEEDS TO BE CLARIFIED:
The quantum of pre-deposit amount is more than the current prescribed limits. Thus it
should be only 7.5%. As per current provisions, there is an upper limit of Rs 10
crores as mandatory pre-deposit. The said limit should be incorporated in the GST
provisions also.
Circular No 984/8/2014-CX., dated 16-9-2014 has clarified with respect to the manner
of computation of pre-deposit. The said circular also clarifies that the no coercive
recovery proceedings will be initiated during the pendency of the appeal.
The said clarification should be incorporated in the statutory provisions itself. also
clarifies that amounts paid under investigation / audit have to be included as part of
pre-deposit amount. The same needs to be incorporated in the statutory provisions.
It is should be clarified that the mandatory pre-deposit is not required for the
interest amount.
The mandatory pre-deposit can be paid from utilization of input credit. The
statutory provisions should specifically incorporate the same.
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REVISIONAL POWERS OF COMMISSIONER (SEC. 108)
• The Commissioner may on his own motion or upon information
received by him, call for and examine the record of any proceeding
under this Act, and if he considers that any decision or order
passed under this Act by any officer subordinate to him is
erroneous in so far as it is prejudicial to the interest of the
revenue, he may, if necessary, stay the operation of such decision
or order for such period as he deems fit and after giving the
person concerned an opportunity of being heard.
• Issue No.1:-The concept of revision power of Commissioner is not
present under the Central Taxes. Under the GST regime the
provisions of CGST and SGST should be pari materia. Further the
power of revision of orders is mis-used and thus increases
litigation. Therefore no power of revision should be available
under SGST law also.
• Issue No.2:-Section 108 under SGST law is harsh.
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REVISIONAL POWERS OF COMMISSIONER [SEC. 108
(2)(B)]
• The Commissioner shall not exercise any power under sub-section (1) (b) if more than
three years have expired after the passing of the decision or order sought to be
revised.
• Issue No.1:-If the decision or order passed under this Act by an officer subordinate to
the Commissioner involves an issue on which the Appellate Tribunal or the High Court
has given its decision which is prejudicial to the interest of revenue in some other
proceedings and an appeal to the High Court or the Supreme Court against such
decision of the Appellate Tribunal or as the case may be, the High Court is pending, the
period spent between the date of the decision of the Appellate Tribunal and the date of
the decision of the High Court or as the case may be, the date of the decision of the
High Court and the date of the decision of the Supreme Court shall be excluded in
computing the period.
• Issue No.2:-the pendency of an appeal by any other assessee and anywhere in India
will result in reopening of the proceedings by an assessee. Therefore the reversionary
proceedings can be initiated even after the period of 8-10 years by the reversionary
authority. Thus, the scope of revision will be very wide. The above provisions should
be made applicable only when the issue is pending in respect of the appeal filed by or
against the same assessee and in the same State. Therefore the provisions should
apply only with respect to the proceedings in an appeal which are qua-assessee and
qua-State. 10
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APPEALS TO THE APPELLATE TRIBUNAL [SEC.112(2)]
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APPEAL TO THE SUPREME COURT (SEC. 118 )
Who can file Order appealed Time limit to
appeal against file Appeal
Appeal to Not specified Order of High As per the
Supreme Court. Supreme Court
Court Rules and Code
of Civil
Procedure
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THANKS!!
ANY QUESTIONS ?
CONTACT FOR POST SESSION
QUERY:
CMA. (Dr.) Shailendra Saxena
Bharuch
E-mail: [email protected]
Cell: +91-93774-10260 | Website: www.jlnus.com
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