JAMIA MILLIA ISLAMIA

TAX LAW – II
ASSIGNMENT

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PROJECT-PROFILE

“CONCEPT OF
APPEAL UNDER
GST”

Submitted to- Submitted by-

Prof. Ekramuddin Malik Azeem Mian
Associate Professor B.A.LL.B (Hons) Regular
JMI VIITH Sem, 4th year

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ACKNOWLEDGEMENT

I would like to express my deepest gratitude to all those who provided

me with the possibility to complete this assignment. A special thanks to
my teacher, Prof. Ekramuddin Malik, whose contribution in providing
suggestions and encouragement, helped me coordinate this assignment.

Furthermore, I would also like to acknowledge with much appreciation

the crucial role of the staff of Jamia Millia Islamia, who gave me the
permission to use all the necessary equipment and the required
materials to complete this assignment.

A special thanks goes to my classmates and friends who helped me

assemble the parts and gave their valuable suggestions.

AZEEM MIAN!

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TABLE OF CONTENT

 WHAT IS AN APPEAL
 WHAT ARE DISPUTES
 LEGAL PROVISION UNDER GST
 CONTITUTION OF APPELLATE TRIBUNAL AND BENCHES
THEREOF
 QUALITFICATONS OF APPOINTMENT
 PROCEDURE BEFORE APPELLATE TRIBUNAL
 APPEALS TO APPELLATE TRIBUNAL
 ORDERS OF APPEALLATE TRIBUNAL
 FINANCIAL AND ADMINISTRATIVE POWERS OF PRESIDENT
 INTEREST ON REFUND OF AMOUNT PAID FOR ADMISSION OF
APPEAL
 APPEARANCE BY AUTHORISED REPRESENTATIVE
 APPEAL TO HIGH COURT
 APPEAL TO SUPREME COURT
 APPEAL SUMS DUE TO BE PAID NOTHWITHSTANDING
 APPEAL TO BE FILED IN CERTAIN CASES
 NON COMPLIANCE DECISION AND ORDERS
 BIBLIOGRAPHY

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INTRODUCTION

What is an appeal?
Any appeal under any law is an application to a higher court for a reversal of the decision of a
lower court. Appeals arise when there are any legal disputes.

What are disputes?

Tax laws (or any law) impose obligations. Such obligations are broadly of two kinds: tax-related
and procedure-related. The taxpayer’s compliance with these obligations is verified by the tax
officer (through audit, anti-evasion, examining etc.). Sometimes there are situations of actual or
perceived non-compliance. If the difference in views persists, it results into a dispute, which is
then required to be resolved.
The initial resolution of this dispute is done by a departmental officer by a quasi-judicial process
resulting into the issue of an initial order known by various names -assessment order,
adjudication order, order-in-original, etc.
GST Act defines the phrase “adjudicating authority” as any authority competent to pass any
order or decision under this Act, but does not include the Board, the First Appellate Authority
and the Appellate Tribunal. Thus, in a way, any decision or order passed under the Act is an act
of “adjudication”.
Some examples are:- cancellation of registration, best judgment assessment, decision on a refund
claim, imposition of a penalty.

2. Legal Provisions under GST ACT

107. (1) Any person aggrieved by any decision or order passed under this Act or the State Goods
and Services Tax Act or the Union Territory Goods and Services Tax Act by an adjudicating
authority may appeal to such Appellate Authority as may be prescribed within three months from
the date on which the said decision or order is communicated to such person.
(2) The Commissioner may, on his own motion, or upon request from the Commissioner of State
tax or the Commissioner of Union territory tax, call for and examine the record of any
proceedings in which an adjudicating authority has passed any decision or order under this Act
or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, for
the purpose of satisfying himself as to the legality or propriety of the said decision or order and
may, by order, direct any officer subordinate to him to apply to the Appellate Authority within
six months from the date of communication of the said decision or order for the determination of
such points arising out of the said decision or order as may be specified by the Commissioner in
his order.
(3) Where, in pursuance of an order under sub-section (2), the authorised officer makes an
application to the Appellate Authority, such application shall be dealt with by the Appellate
Authority as if it were an appeal made against the decision or order of the adjudicating authority
and such authorised officer were an appellant and the provisions of this Act relating to appeals
shall apply to such application.
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(4) The Appellate Authority may, if he is satisfied that the appellant was prevented by sufficient
cause from presenting the appeal within the aforesaid period of three months or six months, as
the case may be, allow it to be presented within a further period of one month.
(5) Every appeal under this section shall be in such form and shall be verified in such manner as
may be prescribed.
(6) No appeal shall be filed under sub-section (1), unless the appellant has paid— (a) in full,
such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as
is admitted by him; and (b) a sum equal to ten per cent. of the remaining amount of tax in dispute
arising from the said order, in relation to which the appeal has been filed.
(7) Where the appellant has paid the amount under sub-section (6), the recovery proceedings for
the balance amount shall be deemed to be stayed.
(8) The Appellate Authority shall give an opportunity to the appellant of being heard.
(9) The Appellate Authority may, if sufficient cause is shown at any stage of hearing of an
appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons
to be recorded in writing: Provided that no such adjournment shall be granted more than three
times to a party during hearing of the appeal.
(10) The Appellate Authority may, at the time of hearing of an appeal, allow an appellant to add
any ground of appeal not specified in the grounds of appeal, if it is satisfied that the omission of
that ground from the grounds of appeal was not wilful or unreasonable.
(11) The Appellate Authority shall, after making such further inquiry as may be necessary, pass
such order, as it thinks just and proper, confirming, modifying or annulling the decision or order
appealed against but shall not refer the case back to the adjudicating authority that passed the
said decision or order: Appeals to Appellate Authority. Provided that an order enhancing any fee
or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the
amount of refund or input tax credit shall not be passed unless the appellant has been given a
reasonable opportunity of showing cause against the proposed order: Provided further that where
the Appellate Authority is of the opinion that any tax has not been paid or short-paid or
erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order
requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is
given notice to show cause against the proposed order and the order is passed within the time
limit specified under section 73 or section 74.
(12) The order of the Appellate Authority disposing of the appeal shall be in writing and shall
state the points for determination, the decision thereon and the reasons for such decision.
(13) The Appellate Authority shall, where it is possible to do so, hear and decide every appeal
within a period of one year from the date on which it is filed: Provided that where the issuance of
order is stayed by an order of a court or Tribunal, the period of such stay shall be excluded in
computing the period of one year.
(14) On disposal of the appeal, the Appellate Authority shall communicate the order passed by it
to the appellant, respondent and to the adjudicating authority.

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(15) A copy of the order passed by the Appellate Authority shall also be sent to the jurisdictional
Commissioner or the authority designated by him in this behalf and the jurisdictional
Commissioner of State tax or Commissioner of Union Territory Tax or an authority designated
by him in this behalf.
(16) Every order passed under this section shall, subject to the provisions of section 108 or
section 113 or section 117 or section 118 be final and binding on the parties

CONSTITUTION OF APPELLATE TRIBUNAL AND BENCHES THEREOF

109. (1) The Government shall, on the recommendations of the Council, by notification,
constitute with effect from such date as may be specified therein, an Appellate Tribunal known
as the Goods and Services Tax Appellate Tribunal for hearing appeals against the orders passed
by the Appellate Authority or the Revisional Authority.

(2) The powers of the Appellate Tribunal shall be exercisable by the National Bench and
Benches thereof (hereinafter in this Chapter referred to as “Regional Benches”), State Bench and
Benches thereof (hereafter in this Chapter referred to as “Area Benches”).

(3) The National Bench of the Appellate Tribunal shall be situated at New Delhi which shall be
presided over by the President and shall consist of one Technical Member (Centre) and one
Technical Member (State).

(4) The Government shall, on the recommendations of the Council, by notification, constitute
such number of Regional Benches as may be required and such Regional Benches shall consist
of a Judicial Member, one Technical Member (Centre) and one Technical Member

(5) The National Bench or Regional Benches of the Appellate Tribunal shall have jurisdiction to
hear appeals against the orders passed by the Appellate Authority or the Revisional Authority in
the cases where one of the issues involved relates to the place of supply.
(6) The Government shall, by notification, specify for each State or Union territory, a Bench of
the Appellate Tribunal (hereafter in this Chapter, referred to as “State Bench”) for exercising the
powers of the Appellate Tribunal within the concerned State or Union territory: Provided that the
Government shall, on receipt of a request from any State Government, constitute such number of
Area Benches in that State, as may be recommended by the Council: Provided further that the
Government may, on receipt of a request from any State, or on its own motion for a Union
territory, notify the Appellate Tribunal in a State to act as the Appellate Tribunal for any other
State or Union territory, as may be recommended by the Council, subject to such terms and
conditions as may be prescribed.

(7) The State Bench or Area Benches shall have jurisdiction to hear appeals against the ord ers
passed by the Appellate Authority or the Revisional Authority in the cases involving matters
other than those referred to in sub-section (5).

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(8) The President and the State President shall, by general or special order, distribute the
business or transfer cases among Regional Benches or, as the case may be, Area Benches in a
State.

(9) Each State Bench and Area Benches of the Appellate Tribunal shall consist of a Judicial
Member, one Technical Member (Centre) and one Technical Member (State) and the State
Government may designate the senior most Judicial Member in a State as the State President.
Central Goods & Services Tax Act, 2017 .

(10) In the absence of a Member in any Bench due to vacancy or otherwise, any appeal may,
with the approval of the President or, as the case may be, the State President, be heard by a
Bench of two Members: Provided that any appeal where the tax or input tax credit involved or
the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined
in any order appealed against, does not exceed five lakh rupees and which does not involve any
question of law may, with the approval of the President and subject to such conditions as may be
prescribed on the recommendations of the Council, be heard by a bench consisting of a single
member.

(11) If the Members of the National Bench, Regional Benches, State Bench or Area Benches
differ in opinion on any point or points, it shall be decided according to the opinion of the
majority, if there is a majority, but if the Members are equally divid ed, they shall state the point
or points on which they differ, and the case shall be referred by the President or as the case may
be, State President for hearing on such point or points to one or more of the other Members of
the National Bench, Regional Benches, State Bench or Area Benches and such point or points
shall be decided according to the opinion of the majority of Members who have heard the case,
including those who first heard it

(12) The Government, in consultation with the President may, for t he administrative
convenience, transfer— (a) any Judicial Member or a Member Technical (State) from one Bench
to another Bench, whether National or Regional; or (b) any Member Technical (Centre) from one
Bench to another Bench, whether National, Regional, State or Area.

(13) The State Government, in consultation with the State President may, for the administrative
convenience, transfer a Judicial Member or a Member Technical (State) from one Bench to
another Bench within the State.

(14) No act or proceedings of the Appellate Tribunal shall be questioned or shall be invalid
merely on the ground of the existence of any vacancy or defect in the constitution of the
Appellate Tribunal.

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QUALIFICATIONS FOR APPOINTMENT

110. (1) A person shall not be qualified for appointment as—

(a) the President, unless he has been a Judge of the Supreme Court or is or has been the Chief
Justice of a High Court, or is or has been a Judge of a High Court for a period not less than five
years;

(b) a Judicial Member, unless he— (i) has been a Judge of the High Court; or (ii) is or has been a
District Judge qualified to be appointed as a Judge of a High Court; or(iii) is or has been a
Member of Indian Legal Service and has held a post not less than Additional Secretary for three
years;

(c) a Technical Member (Centre) unless he is or has been a member of Indian Revenue
(Customs and Central Excise) Service, Group A, and has completed at least fifteen years of
service in Group A;

(d) a Technical Member (State) unless he is or has been an officer of the State Government not
below the rank of Additional Commissioner of Value Added Tax or the State goods and services
tax or such rank as may be notified by the concerned State Government on the recommendations
of the Council with at least three years of experience in the administration of an existing law or
the State Goods and Services Tax Act or in the field of finance and taxation.

(2) The President and the Judicial Members of the National Bench and the Regional Benches
shall be appointed by the Government after consultation with the Chief Justice of India or his
nominee: Provided that in the event of the occurrence of any vacancy in the office of the
President by reason of his death, resignation or otherwise, the senior most Member of the
National Bench shall act as the President until the date on which a new President, appointed in
accordance with the provisions of this Act to fill such vacancy, enters upon his office: Provided
further that where the President is unable to discharge his functions owing to absence, illness or
any other cause, the senior most Member of the National Bench shall discharge the functions of
the President until the date on which the President resumes his duties.

(3) The Technical Member (Centre) and Technical Member (State) of the National Bench and
Regional Benches shall be appointed by the Government on the recommendations of a Selection
Committee consisting of such persons and in such manner as may be prescribed.

(4) The Judicial Member of the State Bench or Area Benches shall be appointed by the State
Government after consultation with the Chief Justice of the High Court of the State or his
nominee.

(5) The Technical Member (Centre) of the State Bench or Area Benches shall be appointed by
the Central Government and Technical Member (State) of the State Bench or Area Benches shall
be appointed by the State Government in such manner as may be prescribed.

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(6) No appointment of the Members of the Appellate Tribunal shall be invalid merely by the
reason of any vacancy or defect in the constitution of the Selection Committee.

(7) Before appointing any person as the President or Members of the Appellate Tribunal, the
Central Government or, as the case may be, the State Government, shall satisfy itself that such
person does not have any financial or other interests which are likely to prejudicially affect his
functions as such President or Member.

(8) The salary, allowances and other terms and conditions of service of the President, State
President and the Members of the Appellate Tribunal shall be such as may be prescribed:
Provided that neither salary and allowances nor other terms and conditions of service of the
President, State President or Members of the Appellate Tribunal shall be varied to their
disadvantage after their appointment.

(9) The President of the Appellate Tribunal shall hold office for a term of three years from the
date on which he enters upon his office, or until he attains the age of seventy years, whichever is
earlier and shall be eligible for reappointment.

(10) The Judicial Member of the Appellate Tribunal and the State President shall hold office for
a term of three years from the date on which he enters upon his office, or until he attains the age
of sixty-five years, whichever is earlier and shall be eligible for reappointment.

(11) The Technical Member (Centre) or Technical Member (State) of the Appellate Tribunal
shall hold office for a term of five years from the date on which he enters upon his office, or until
he attains the age of sixty-five years, whichever is earlier and shall be eligible for reappointment.

(12) The President, State President or any Member may, by notice in writing under his hand
addressed to the Central Government or, as the case may be, the State Government resign from
his office: Provided that the President, State President or Member shall continue to hold office
until the expiry of three months from the date of receipt of such notice by the Central
Government, or, as the case may be, the State Government or until a person duly appointed as his
successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(13) The Central Government may, after consultation with the Chief Justice of India, in case of
the President, Judicial Members and Technical Members of the National Bench, Regional
Benches or Technical Members (Centre) of the State Bench or Area Benches, and the State
Government may, after consultation with the Chief Justice of High Court, in case of the State
President, Judicial Members, Technical Members (State) of the State Bench or Area Benches,
may remove from the office such President or Member, who—

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of such Government involves moral
turpitude; or

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(c) has become physically or mentally incapable of acting as such President, State President or
Member; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as
such President, State President or Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public
interest: Provided that the President, State President or the Member shall not be removed on any
of the grounds specified in clauses (d) and (e), unless he has been informed of the charges
against him and has been given an opportunity of being heard.

(14) Without prejudice to the provisions of sub-section (13),––

(a) the President or a Judicial and Technical Member of the National Bench or Regional
Benches, Technical Member (Centre) of the State Bench or Area Benches shall not be removed
from their office except by an order made by the Central Government on the ground of proved
misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court nominated by
the Chief Justice of India on a reference made to him by the Central Government and of which
the President or the said Member had been given an opportunity of being heard;

(b) the Judicial Member or Technical Member (State) of the State Bench or Area Benches shall
not be removed from their office except by an order made by the State Government on the
ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the concerned
High Court nominated by the Chief Justice of the concerned High Court on a reference made to
him by the State Government and of which the said Member had been given an opportunity of
being heard.

(15) The Central Government, with the concurrence of the Chief Justice of India, may suspend
from office, the President or a Judicial or Technical Members or the Regional Benches or the
Technical Member (Centre) of the State Bench or Area Benches in respect of whom a reference
has been made to the Judge of the Supreme Court under sub-section (14).

(16) The State Government, with the concurrence of the Chief Justice of the High Court, may
suspend from office, a Judicial Member or Technical Member (State) of the State Bench or Area
Benches in respect of whom a reference has been made to the Judge of the High Court under
sub-section (14).

(17) Subject to the provisions of article 220 of the Constitution, the President, State President or
other Members, on ceasing to hold their office, shall not be eligible to appear, act or plead before
the National Bench and the Regional Benches or the State Bench and the Area Benches thereof
where he was the President or, as the case may be, a Member.

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PROCEDURE BEFORE APPELLATE TRIBUNAL

111. (1) The Appellate Tribunal shall not, while disposing of any proceedings before it or an
appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908, but
shall be guided by the principles of natural justice and subject to the other provisions of this Act
and the rules made thereunder, the Appellate Tribunal shall have power to regulate its own
procedure.

(2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act,
have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908
while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing
the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872,
requisitioning any public record or document or a copy of such record or document from any
office;

(e) issuing commissions for the examination of witnesses or documents;

(f) dismissing a representation for default or deciding it ex parte;

(g) setting aside any order of dismissal of any representation for default or any order passed by it
ex parte; and (h) any other matter which may be prescribed.

(3) Any order made by the Appellate Tribunal may be enforced by it in the same manner as if it
were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate
Tribunal to send for execution of its orders to the court within the local limits of whose
jurisdiction,—

(a) in the case of an order against a company, the registered office of the company is situated; or

(b) in the case of an order against any other person, the person concerned voluntarily resides or
carries on business or personally works for gain.

(4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings
within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian
Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

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APPEALS TO APPELLATE TRIBUNAL

112. (1) Any person aggrieved by an order passed against him under section 107 or section 108
of this Act or the State Goods and Services Tax Act or the Union Territory 5 of 1908. Procedure
before Appellate Tribunal.5 of 1908.1 of 1872.2 of 1974.Appeals to Appellate Tribunal. 45 of
1860 may appeal to the Appellate Tribunal against such order within three months from the date
on which the order sought to be appealed against is communicated to the person preferring the
appeal.

(2) The Appellate Tribunal may, in its discretion, refuse to admit any such appeal where the tax
or input tax credit involved or the difference in tax or input tax credit involved or the amount of
fine, fee or penalty determined by such order, does not exceed fifty thousand rupees.

(3) The Commissioner may, on his own motion, or upon request from the Commissioner of State
tax or Commissioner of Union territory tax, call for and examine the record of any order passed
by the Appellate Authority or the Revisional Authority under this Act or the State Goods and
Services Tax Act or the Union Territory Goods and Services Tax Act for the purpose of
satisfying himself as to the legality or propriety of the said order and may, by order, direct any
officer subordinate to him to apply to the Appellate Tribunal within six months from the date on
which the said order has been passed for determination of such points arising out of the said
order as may be specified by the Commissioner in his order.

(4) Where in pursuance of an order under sub-section (3) the authorised officer makes an
application to the Appellate Tribunal, such application shall be dealt with by the Appellate
Tribunal as if it were an appeal made against the order under sub-section (11) of section 107 or
under sub-section (1) of section 108 and the provisions of this Act shall apply to such
application, as they apply in relation to appeals filed under sub-section (1).

(5) On receipt of notice that an appeal has been preferred under this section, the party against
whom the appeal has been preferred may, notwithstanding that he may not have appealed against
such order or any part thereof, file, within forty-five days of the receipt of notice, a memorandum
of cross-objections, verified in the prescribed manner, against any part of the order appealed
against and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an
appeal presented within the time specified in sub-section (1).

(6) The Appellate Tribunal may admit an appeal within three months after the expiry of the
period referred to in sub-section (1), or permit the filing of a memorandum of cross-objections
within forty-five days after the expiry of the period referred to in sub-section (5) if it is satisfied
that there was sufficient cause for not presenting it within that period.

(7) An appeal to the Appellate Tribunal shall be in such form, verified in such manner and shall
be accompanied by such fee, as may be prescribed.

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(8) No appeal shall be filed under sub-section (1), unless the appellant has paid–– (a) in full, such
part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is
admitted by him, and (b) a sum equal to twenty per cent. of the remaining amount of tax in
dispute, in addition to the amount paid under sub-section (6) of section 107, arising from the said
order, in relation to which the appeal has been filed.

(9) Where the appellant has paid the amount as per sub-section (8), the recovery proceedings for
the balance amount shall be deemed to be stayed till the disposal of the appeal.

(10) Every application made before the Appellate Tribunal,— (a) in an appeal for rectification
of error or for any other purpose; or (b) for restoration of an appeal or an application, shall be
accompanied by such fees as may be prescribed.

ORDERS OF APPELLATE TRIBUNAL

113. (1) The Appellate Tribunal may, after giving the parties to the appeal an opportunity of
being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the
decision or order appealed against or may refer the case back to the Appellate Authority, o or to
the original adjudicating authority, with such directions as it may think fit, for a fresh
adjudication or decision after taking additional evidence, if necessary.

(2) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an
appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons
to be recorded in writing: Provided that no such adjournment shall be granted more than three
times to a party during hearing of the appeal.

(3) The Appellate Tribunal may amend any order passed by it under sub-section (1) so as to
rectify any error apparent on the face of the record, if such error is noticed by it on its own
accord, or is brought to its notice by the Commissioner or the Commissioner of State tax or the
Commissioner of the Union territory tax or the other party to the appeal within a period of three
months from the date of the order: Provided that no amendment which has the effect of
enhancing an assessment or reducing a refund or input tax credit or otherwise increasing the
liability of the other party, shall be made under this sub-section, unless the party has been given
an opportunity of being heard.

(4) The Appellate Tribunal shall, as far as possible, hear and decide every appeal within a period
of one year from the date on which it is filed.

(5) The Appellate Tribunal shall send a copy of every order passed under this section to the
Appellate Authority or the Revisional Authority, or the original adjudicating authority, as the
case may be, the appellant and the jurisdictional Commissioner or the Commissioner of State tax
or the Union territory tax.

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(6) Save as provided in section 117 or section 118, orders passed by the Appellate Tribunal on an
appeal shall be final and binding on the parties.

FINANCIAL AND ADMINISTRATIVE POWERS OF PRESIDENT

114. The President shall exercise such financial and administrative powers over the National
Bench and Regional Benches of the Appellate Tribunal as may be prescribed: Provided that the
President shall have the authority to delegate such of his financial and administrative powers as
he may think fit to any other Member or any officer of the National Bench and Regional
Benches, subject to the condition that such Member or officer shall, while exercising such
delegated powers, continue to act under the direction, control and supervision of the President.

INTEREST ON REFUND OF AMOUNT PAID FOR ADMISSION OF APPEAL

115. Where an amount paid by the appellant under sub-section (6) of section 107 or sub-section
(8) of section 112 is required to be refunded consequent to any order of the Appellate Authority
or of the Appellate Tribunal, interest at the rate specified under section 56 shall be payable in
respect of such refund from the date of payment of the amount till the date of refund of such
amount.

APPEARANCE BY AUTHORISED REPRESENTATIVE

116. (1) Any person who is entitled or required to appear before an officer appointed under this
Act, or the Appellate Authority or the Appellate Tribunal in connection with any proceedings
under this Act, may, otherwise than when required under this Act to appear personally for
examination on oath or affirmation, subject to the other provisions of this section, appear by an
authorised representative.

(2) For the purposes of this Act, the expression “authorised representative” shall mean a person
authorised by the person referred to in sub-section (1) to appear on his behalf, being—

(a) his relative or regular employee; or Orders of Appellate Tribunal. Financial and
administrative powers of President. Interest on refund of amount paid for admission of appeal.
Appearance by authorised representative.

(b) an advocate who is entitled to practice in any court in India, and who has not been debarred
from practicing before any court in India; or

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(c) any chartered accountant, a cost accountant or a company secretary, who holds a certificate
of practice and who has not been debarred from practice; or

(d) a retired officer of the Commercial Tax Department of any State Government or Union
territory or of the Board who, during his service under the Government, had worked in a post not
below the rank than that of a Group-B Gazetted officer for a period of not less than two years:
Provided that such officer shall not be entitled to appear before any proceedings under this Act
for a period of one year from the date of his retirement or resignation; or

(e) any person who has been authorised to act as a goods and services tax practitioner on behalf
of the concerned registered person.

(3) No person,— (a) who has been dismissed or removed from Government service; or (b) who
is convicted of an offence connected with any proceedings under this Act, the State Goods and
Services Tax Act, the Integrated Goods and Services Tax Act or the Union Territory Goods and
Services Tax Act, or under the existing law or under any of the Acts passed by a State
Legislature dealing with the imposition of taxes on sale of goods or supply of goods or services
or both; or (c) who is found guilty of misconduct by the prescribed authority; (d) who has been
adjudged as an insolvent, shall be qualified to represent any person under sub-section (1)— (i)
for all times in case of persons referred to in clauses (a), (b) and (c); and (ii) for the period during
which the insolvency continues in the case of a person referred to in clause (d).

(4) Any person who has been disqualified under the provisions of the State Goods and Services
Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be disqualified
under this Act.

APPEAL TO HIGH COURT

117. (1) Any person aggrieved by any order passed by the State Bench or Area Benches of the
Appellate Tribunal may file an appeal to the High Court and the High Court may admit such
appeal, if it is satisfied that the case involves a substantial question of law.

(2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days
from the date on which the order appealed against is received by the aggrieved person and it
shall be in such form, verified in such manner as may be prescribed: Provided that the High
Court may entertain an appeal after the expiry of the said period if it is satisfied that there was
sufficient cause for not filing it within such period.

(3) Where the High Court is satisfied that a substantial question of law is involved in any case, it
shall formulate that question and the appeal shall be heard only on the question so formulated,
and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not
involve such question: Provided that nothing in this sub-section shall be deemed to take away or

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abridge the power of the court to hear, for reasons to be recorded, the appeal on any other
substantial question of law not formulated by it, if it is satisfied that the case involves such
question.

(4) The High Court shall decide the question of law so formulated and deliver such judgment
thereon containing the grounds on which such decision is founded and may award such cost as it
deems fit. Appeal to High Court.

(5) The High Court may determine any issue which–– (a) has not been determined by the State
Bench or Area Benches; or (b) has been wrongly determined by the State Bench or Area
Benches, by reason of a decision on such question of law as herein referred to in sub-section (3).

(6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less
than two Judges of the High Court, and shall be decided in accordance with the opinion of such
Judges or of the majority, if any, of such Judges.

(7) Where there is no such majority, the Judges shall state the point of law upon which they
differ and the case shall, then, be heard upon that point only, by one or more of the other Judges
of the High Court and such point shall be decided according to the opinion of the majority of the
Judges who have heard the case including those who first heard it.

(8) Where the High Court delivers a judgment in an appeal filed before it under this section,
effect shall be given to such judgment by either side on the basis of a certified copy of the
judgment.

(9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908,
relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under
this section.

APPEAL TO SUPREME COURT

118. (1) An appeal shall lie to the Supreme Court—

(a) from any order passed by the National Bench or Regional Benches of the Appellate Tribunal;
or

(b) from any judgment or order passed by the High Court in an appeal made under section 117 in
any case which, on its own motion or on an application made by or on behalf of the party
aggrieved, immediately after passing of the judgment or order, the High Court certifies to be a fit
one for appeal to the Supreme Court.

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APPEAL SUMS DUE TO BE PAID NOTWITHSTANDING

(2) The provisions of the Code of Civil Procedure, 1908, relating to appeals to the Supreme
Court shall, so far as may be, apply in the case of appeals under this section as they apply in the
case of appeals from decrees of a High Court.

(3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be
given to the order of the Supreme Court in the manner provided in section 117 in the case of a
judgment of the High Court.

119. Notwithstanding that an appeal has been preferred to the High Court or the Supreme Court,
sums due to the Government as a result of an order passed by the National or Regional Benches
of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the State
Bench or Area Benches of the Appellate Tribunal under sub-section (1) of section 113 or an
order passed by the High Court under section 117, as the case may be, shall be payable in
accordance with the order so passed.

APPEAL TO BE FILED IN CERTAIN CASES

120. (1) The Board may, on the recommendations of the Council, from time to time, issue orders
or instructions or directions fixing such monetary limits, as it may deem fit, for the purposes of
regulating the filing of appeal or application by the officer of the central tax under the provisions
of this Chapter.

(2) Where, in pursuance of the orders or instructions or directions issued under sub-section (1),
the officer of the central tax has not filed an appeal or application against any decision or order
passed under the provisions of this Act, it shall not preclude such officer of the central tax from
filing appeal or application in any other case involving the same or similar issues or questions of
law.

(3) Notwithstanding the fact that no appeal or application has been filed by the officer of the
central tax pursuant to the orders or instructions or directions issued under sub-section (1), no
person, being a party in appeal or application shall contend that the 5 of 1908. Appeal to
Supreme Court. 5 of 1908.Sums due to be paid notwithstanding appeal, etc. Appeal not to be
filed in certain cases. SEC. 1] officer of the central tax has acquiesced in the decision on the
disputed issue by not filing an appeal or application.

(4) The Appellate Tribunal or court hearing such appeal or application shall have regard to the
circumstances under which appeal or application was not filed by the officer of the central tax in
pursuance of the orders or instructions or directions issued under sub-section (1).

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NON APPEALABLE DECISIONS AND ORDERS

121. Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie
against any decision taken or order passed by an officer of central tax if such decision taken or
order passed relates to any one or more of the following matters, namely:— (a) an order of the
Commissioner or other authority empowered to direct transfer of proceedings from one officer to
another officer; or (b) an order pertaining to the seizure or retention of books of account, register
and other documents; or (c) an order sanctioning prosecution under this Act; or (d) an order
passed under section 80.

RULE 108 -Appeal to the Appellate Authority

(1) An appeal to the Appellate Authority under sub-section (1) of section 107 shall be filed in
FORM GST APL-01, along with the elevant documents, either electronically or otherwise as
may be notified by the Commissioner, and a provisional acknowledgement shall be issued to the
appellant immediately.
(2) The grounds of appeal and the form of verification as contained in FORM GST APL-01 shall
be signed in the manner specified in rule 26.
(3) A certified copy of the decision or order appealed against shall be
submitted within seven days of filing the appeal under sub-rule (1) and a final
acknowledgement, indicating appeal number shall be issued thereafter in FORM GST APL-02
by the Appellate Authority or an officer authorised by him in this behalf:

Provided that where the certified copy of the decision or order is

submitted within seven days from the date of filing the FORM GST APL-01, the date of filing of
the appeal shall be the date of the issue of the provisional acknowledgement and where the said
copy is submitted after seven days, the date of filing of the appeal shall be the date of the
submission of such copy.

Explanation: For the provisions of this rule, the appeal shall be treated
as filed only when the final acknowledgement, indicating the appeal number, is issued.

RULE 109 Application to the Appellate Authority

(1) An application to the Appellate Authority under sub-section (2) of section 107 shall be made
in FORM GST APL-03, along with the relevant documents, either electronically or otherwise as
may be notified by the Commissioner.

(2) A certified copy of the decision or order appealed against shall be

submitted within seven days of the filing the application under sub-rule (1) and an appeal
number shall be generated by the Appellate Authority or an officer authorised by him in this
behalf.

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RULE 110 Appeal to the Appellate Tribunal

(1) An appeal to the Appellate Tribunal under subsection (1) of section 112 shall be filed along
with the relevant documents either electronically or otherwise as may be notified by the
Registrar, in FORM GST APL-05, on
the common portal and a provisional acknowledgement shall be issued to the
appellant immediately.

(2) A memorandum of cross-objections to the Appellate Tribunal under

sub-section (5) of section 112 shall be filed either electronically or otherwise as may be notified
by the Registrar, in FORM GST APL-06.

(3) The appeal and the memorandum of cross objections shall be signed in
the manner specified in rule 26.

(4) A certified copy of the decision or order appealed against along with
fees, as specified in sub-rule (5), shall be submitted to the Registrar within seven days of
the filing of the appeal under sub-rule (1) and a final acknowledgement, indicating the
appeal number shall be issued thereafter in FORM GST APL-02 by the Registrar:

Provided that where the certified copy of the decision or order is

submitted within seven days from the date of filing the FORM GST APL-05, the date of filing of
the appeal shall be the date of the issue of the provisional acknowledgement and where the said
copy is submitted after seven days, the date of filing of the appeal shall be the
date of the submission of such copy.

Explanation: For the purposes of this rule, the appeal shall be treated as
filed only when the final acknowledgement indicating the appeal number is issued.

(5) The fees for filing of appeal or restoration of appeal shall be one
thousand rupees for every one lakh rupees of tax or input tax credit involved or the difference
in tax or input tax credit involved or the amount of fine, fee or penalty determined in the
order appealed against, subject to a maximum of twenty five thousand rupees.

(6) There shall be no fee for application made before the Appellate
Tribunal for rectification of errors referred to in sub-section (10) of section 112.

RULE 111 -Application to the Appellate Tribunal

(1) An application to the Appellate Tribunal under sub-section (3) of section 112 shall be made
electronically or otherwise, in FORM GST APL-07, along with the relevant documents on the
common portal.

(2) A certified copy of the decision or order appealed against shall be

submitted within seven days of filing the application under sub-rule (1) and an appeal
number shall be generated by the Registrar.

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RULE 112 Production of Additional Evidence Before the Appellate Authority or the
Appellate Tribunal
(1) The appellant shall not be allowed to produce before the Appellate Authority or the Appellate
Tribunal any evidence, whether oral or documentary, other than the evidence produced by him
during the course of the proceedings before the adjudicating authority or, a the case may be, the
Appellate Authority except in the following
circumstances, namely:-
(a) where the adjudicating authority or, as the case may be, the Appellat Authority has refused to
admit evidence which ought to have been admitted; or

(b) where the appellant was prevented by sufficient cause from producing
the evidence which he was called upon to produce by the adjudicating authority or, as the case
may be, the Appellate Authority; or

(c) where the appellant was prevented by sufficient cause from producing
before the adjudicating authority or, as the case may be, the Appellate Authority any evidence
which is relevant to any ground of appeal; or

(d) where the adjudicating authority or, as the case may be, the Appellate Authority has made the
order appealed against without giving sufficient opportunity to the appellant to adduce evidence
relevant to any ground of appeal.

(2) No evidence shall be admitted under sub-rule (1) unless the Appellate
Authority or the Appellate Tribunal records in writing the reasons for its admission.

(3) The Appellate Authority or the Appellate Tribunal shall not take any evidence produced
under sub-rule (1) unless the adjudicating authority or an officer authorised in this behalf by the
said authority has been allowed a reasonable opportunity –

(a) to examine the evidence or document or to cross-examine any witness produced by the
appellant; or

(b) to produce any evidence or any witness in rebuttal of the evidence

produced by the appellant under sub-rule (1).

(4) Nothing contained in this rule shall affect the power of the Appellate
Authority or the Appellate Tribunal to direct the production of any document, or the examination
of any witness, to enable it to dispose of the appeal.

RULE 113 Order of Appellate Authority or Appellate Tribunal

(1) The Appellate Authority shall, along with its order under sub-section (11) of section 107,
issue a summary of the order in FORM GST APL-04 clearly indicating the final amount of
demand confirmed.
(2) The jurisdictional officer shall issue a statement in FORM GST APL-04
clearly indicating the final amount of demand confirmed by the Appellate Tribunal.

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RULE 114 Appeal to the High Court

(1) An appeal to the High Court under sub-section (1) of section 117 shall be filed in FORM
GST APL-08.
(2) The grounds of appeal and the form of verification as contained in FORM GST APL-08 shall
be signed in the manner specified in rule 26.

RULE 115. Demand confirmed by the Court.- The jurisdictional officer shall issue
a statement in FORM GST APL-04 clearly indicating the final amount of demand confirmed
by the High Court or, as the case may be, the Supreme Court.

RULE 116 Disqualification for Misconduct of an Authorised Representative

Where an authorised representative, other than those referred to in clause (b) or clause (c) of sub-
section (2) of section 116 is found, upon an enquiry into the matter, guilty of misconduct in
connection with any proceedings under the Act, the Commissioner may, after providing him an
opportunity of being heard, disqualify him from appearing as an authorised representative.

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DIFFERENCE BETWEEN APPEAL AND REVISION

S.NO. DESCRIPTION APPELLATE REVISIONAL APPELLATE

AUTHORITY AUTHORITY TRIBUNAL
1. Appeal against Adjudicating Suo Moto action Appellate
order of Authority sec by authority Authority
107(1) under section Revisional
108-(taxable Authority –sec
person himself 112(1)
cannot apply for
revision )
2. Are fees payable No No Question Yes –Section
while filing Arises 112(7)
appeal
3. Can department Yes section No question Yes section
file appeal 107(2)and 107(3) 112(3)and 112(4)
4. Time limit for Three months Revisional Three months
filing appeal from date of authority can from date of
communication initiate actions communication
of order –section after three of order –sec
107(1) –can be months but 112(1)-can be
extended by one within three extended by
month –section years from date further three
107(4) of order ,if no months sec 112
appeal was filed (6)
before authority
5.

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BIBLIOGRAPHY

BOOKS REFERRED
 Jain, T., Harmonized Goods & Service Tax In India: A Backgrounder, (2012). SSRN
Electronic Journal, 12-15.

WEBSITE REFERRED
 https://cleartax.in/s/gst-appeals
 http://www.cbic.gov.in/resources//htdocscbec/gst/51_GST_Flyer_Chapter50.pdf;j
sessionid=6EAE035641604641FEECE348E97DAB55

 https://taxguru.in/goods-and-service-tax/appeal-appellate-authority-gst.html

CONCEPT OF APPEAL UNDER GST Page 24