What is GST Appeals ?

Businesses with a turnover of more than INR 40 Lakh are required to register for the Goods and Services Tax (GST) by the Goods and Services Department of India. A GST Registration Certificate, Form GST REG-06, is given to each registered taxpayer. Any taxpayer or unregistered person who is dissatisfied with a ruling or order made against them regarding a GST registration, amendment, or cancellation may file an appeal with the appellate authority within the allotted time frame. This article examines all the information and steps necessary to submit an appeal against a GST registration order.

Eligibility Criteria of GST Appeals 

Order Rejecting Application to Register as a GST Practitioner (GST PCT-04). Order Rejecting GST Registration, Amendment, and Cancellation Application (GST REG-05).

Order Granting a Suo Moto Registration/Temporary Registration (GST REG-12). (GST REG - 19) Request for Cancellation of Registration.

(GST REG - 28) Order for Cancellation of Provisional Registration. Order to Cancel Registration as a Source Tax Deductor or Source Tax Collector (GST REG - 08).

Appeal cannot be filed in certain cases

  • A directive to switch the officer handling the case's proceedings.
  • An order to seize or keep records, such as books of accounts.
  • An order sanctioning prosecution under the Act.
  • A ruling authorising the installment payment of taxes and other amounts.

Important Points of GST Appeals

What are disputes ?

  • Any law, including tax laws, imposes obligations. These requirements often fall into one of two categories: tax-related or procedure-related. The tax officer confirms the taxpayer's adherence to these requirements via audit, anti-evasion, examination, etc. Situations of genuine or perceived non-compliance do occur occasionally. If there is a persistent difference of opinion, a disagreement develops and must be settled. A departmental official resolves this dispute initially by a quasi-judicial process that results in the issuance of an initial order known by several titles, including assessment order, adjudication order, order-in-original, etc.

Time limit for filing a GST appeal

  • A requester has three months from the day the contested order was communicated to file an appeal with the appellate authority. If the Appellate Authority is convinced that there was a legitimate reason for the delay, they may also excuse it for up to one month.

General rules for filing GST appeals

  • All appeals must be filed using the appropriate paperwork and fees. Fee will be equal to the whole amount of tax, interest, fines, penalties, and other costs related to the contested order, as acknowledged by the appellant, plus 10% of the amount in dispute. Fees are not charged in circumstances when an officer or the Commissioner of GST appeals.

Can an authorised representative appear in court?

  • A relative.
  • A lawyer working in any Indian court.
  • A regular employee.
  • Anyone with a current certificate of practise who is a chartered accountant, cost accountant or company secretary.
  • Whoever prepares tax returns.
  • A retired officer with a minimum Group-B gazetted officer rank from the Tax Department of any State Government or the Excise Department.