GSTAT Appeal Process
A comprehensive guide to filing appeals before the Goods and Services Tax Appellate Tribunal
The GSTAT appeal process allows filing appeals under Section 112 of the CGST Act against orders passed by Appellate Authorities under Section 107 and Revisionary Authority under Section 108. GSTAT functions as the second level of appeal in the GST dispute resolution mechanism, exercising powers under Section 111 and following procedures under Section 112.
Pre-Filing Preparation
Gather all necessary documents and ensure compliance with pre-deposit requirements. Determine correct bench jurisdiction.
- • Obtain copy of Section 107/108 order (self-certified or certified from issuing authority)
- • Calculate and deposit pre-deposit amount
- • Determine jurisdiction (Principal Bench for exclusive matters like place of supply/anti-profiteering, else State Bench)
- • Prepare comprehensive case documentation
Filing the Appeal (Section 112)
Submit the appeal memorandum under Section 112 with all required documents within the limitation period.
- • File appeal within prescribed time limit
- • Include detailed grounds challenging Section 107/108 order
- • Attach all supporting documents and pre-deposit proof
- • File before appropriate bench (Principal/State)
Registry Processing
GSTAT registry reviews the appeal for completeness and compliance.
- • Initial scrutiny of documents
- • Defect notice (if any deficiencies found)
- • Registration upon compliance
Hearing & Final Order
Scheduled hearings before the GSTAT bench for case presentation and final adjudication.
- • Notice of hearing issued
- • Oral arguments and evidence presentation
- • Final order by the tribunal (appealable to Supreme Court from Principal Bench, High Court from State Bench)
Time Limitations
From date of communication of appellate authority order (Section 112(1))
Condonation of delay with sufficient cause (Section 112(6))
Pre-deposit Requirements
Max ₹20 crores each (CGST/SGST), ₹40 crores (IGST) - Section 112(8)
Note: Pre-deposit is mandatory before filing appeal
Section 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 Goods and Services Tax Act 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; or the date, as may be notified by the Government, on the recommendations of the Council, for filing appeal before the Appellate Tribunal under this Act, whichever is later.
Section 112(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; or the date, as may be notified by the Government, on the recommendations of the Council, for the purpose of filing application before the Appellate Tribunal under this Act, whichever is later, for determination of such points arising out of the said order as may be specified by the Commissioner in his order.
Section 112(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 an application within three months after the expiry of the period referred to in sub-section (3), 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.
Section 112(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 ten 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, subject to a maximum of twenty crore rupees, in relation to which the appeal has been filed.
Proviso to Section 112(8): Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten per cent. of the said penalty, in addition to the amount payable under the proviso to sub-section (6) of section 107 has been paid by the appellant.