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Appeals and Revision: EximGuru.com



Chapter –
Appeals and Revision

1. Appeal to the Appellate Authority

(1) An appeal to the Appellate Authorityundersub-section (1) of section 107 of the Act shall be filed in
FORMGSTAPL-01,[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 Registration.19.
(3) A hard copy of the appeal in FORM GST APL-01shall be submitted in triplicateto the Appellate
Authority and shall be accompanied by a certified copy of the decision or order appealed against along
with the supporting documents within seven days of filing of the appeal under sub-rule (1) and a final
acknowledgement, indicating appeal number shall be issued thereafterin FORM GST APL-02by the
Appellate Authority or an officer authorized by him in this behalf:
Provided that where the hard copy of the appeal and documents are submitted within seven days
from the date of filing theFORM GST APL-01, the date of filing of the appeal shall be the date of issue
of provisional acknowledgement and where the hard copy of the appeal and documents are submitted
after seven days, the date of filing of the appeal shall be the dateof submission of documents.
Explanation. – The appeal shall be treated as filed only when the final acknowledgement, indicating the
appeal number is issued.


2. Application to the Appellate Authority


(1) An application to the Appellate Authority under sub-section (2) of section 107 of the Act shall be made
in FORM GST APL-03,[either] electronically [or otherwise] as may be notified by the Commissioner.
(2) A hard copy of the application in FORM GST APL-03shall be submitted in triplicateto the Appellate
Authority and shall be accompanied by a certified copy of the decision or orderappealed against along
with the supporting documents within seven days of 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.


3.Appeal to the Appellate Tribunal


(1) An appeal to the Appellate Tribunal under sub-section (1) of section 112 of the Act shall be filed
electronically, 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 of the
Act shall be filed in quintuplicate to 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
Registration.19.
(4) A hard copy of the appeal in FORM GST APL-05shall be submitted to the Registrar in quintuplicate and
shall be accompanied by a certified copy of the decision or order appealed against along with the supporting
documents and a fees as specified in sub-rule (5)within seven days of filing of the appeal under sub-rule (1) and
a final acknowledgement, indicating the appeal number shall be issued thereafter in FORM GST APL-02by the
Registrar:
Provided that where the hard copy of the appeal and documents are 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 issue of provisional
acknowledgement and where the hard copy of the appeal and documents are submitted after seven days, the
date of filing of the appeal shall be the date of submission of documents.
Explanation. – The appeal shall be treated as filed only when the final acknowledgementindicating the appeal
number is issued.
(5) The fees for filing and 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 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.


4. Application to the Appellate Tribunal


(1) An application to the Appellate Tribunalunder sub-section (3) of section 112 of the Act shall be made
electronically, in FORM GST APL-07, on the commonportal.
(2) A hard copy of the application in FORM GST APL-07shall be submitted to the Registrar in
quintuplicate and shall be accompanied by a certified copy of the decision or order appealed against along with
supporting documentswithin seven days of filing the application under sub-rule (1) and an appeal number shall
be generated by the Registrar.


5. Production of additional evidence before the Appellate Authorityor 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, as 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 Appellate 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 authorityor, 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.


6. Order of Appellate Authority or Appellate Tribunal


(1) TheAppellate Authority shall, along with its order under sub-section (11) of section 107 of the Act, 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.


7. Appeal to the High Court


(1) An appeal to the High Court under sub-section (1) of section 117 of the Act 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 Registration.19.


8. Disqualification for misconduct


Where an authorised representative, other than those referred to in clause (b) or clause (c) of sub-section (2)
of section 116 of the Act 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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