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Appeal before Goods and Service Tax Appellate Tribunal

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Appeal before Goods and Service Tax Appellate Tribunal

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  1. Appeal before Goods and Service Tax Appellate Tribunal (“GSTAT”)

  2. 1. In which cases an appeal is filed before the Goods and Service Tax Appellate Tribunal (“GSTAT”)? • As per the section 109 of the Central Goods and Service Tax Act, 2017 (“CSGT Act, 2017”), if a person is not satisfied with the decision of Appellate Authority then he can file an appeal to Appellate Tribunal. • The GST Appellate Tribunal simply means the second appeal forum under GST which is higher than the appellate authorities. It is also the forum of resolving disputes related to state GST and center GST

  3. 2. What are the Levels of GSTAT (Section 109 of CGST Act) • Under Section 109(1) of CGST Act,  the government has constituted an Appellate Tribunal known as Goods and Services Tax Appellate Tribunal (“GSTAT”) on recommendations of the GST council. It is formed for the hearing of appeals against the orders passed by the Appellate Authority 2.1 National Bench and its Regional Benches • 2.2 State Bench and its Area Benches

  4. 3. Who can file an appeal with the Appellate Tribunal? • An application with Appellate Tribunal can be filed by any person who is aggrieved by the order of Appellate Authority. Therefore, appeal can be filed by either: • Assessee or • Departmental Authority • 3.1 Appeal to Appellate Tribunal by an Assessee • 3.2 Appeal to Appellate Tribunal by Departmental authority

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