This article delves into the appeal process under the Goods and Services Tax (GST) system, focusing specifically on appealing to the First Appellate Authority. It builds upon previous discussions regarding the fundamental aspects of GST appeals by addressing common inquiries.

Appealing to the First Appellate Authority

Eligibility for Appealing to the First Appellate Authority

Any individual or taxpayer dissatisfied with an adjudicating authority's decision can lodge an appeal with the First Appellate Authority. This appeal must be filed using Form APL-01 within three months from the order's date, with a possible one-month extension. The appeal application needs to include the grounds for appeal and a signed verification form. The order being challenged must be uploaded to the GST portal, and a provisional acknowledgment in Form APL-02, including an appeal number, is issued upon submission. The date of appeal is considered the date of this provisional acknowledgment. Recent recommendations from the 53rd GST Council meeting suggest reducing the maximum pre-deposit for appeals before appellate authorities from INR 25 crore to INR 20 crore under both CGST and SGST/UTGST. If the appellant initially fails to submit a copy of the impugned order, a self-certified copy must be provided within seven days of filing APL-01. In such cases, the appeal date is the date the document is submitted, rather than the initial APL-01 filing date. While a provisional acknowledgment is issued immediately, the appeal is officially considered filed only upon receiving the final acknowledgment with the appeal number.

Commissioner's Right to Appeal to the First Appellate Authority

Yes, under Section 107(2) combined with Rule 109, the Commissioner possesses the authority to file an appeal with the appellate body. Such appeals must be submitted using Form APL-03 within six months from the date of the original order. The procedure for determining the appeal date mirrors that specified in Rule 108. The officer assigned will review the order's legality and correctness, either initiated by the appellant or at the Commissioner's request. Following this review, the Commissioner may instruct a subordinate officer to lodge an appeal with the First Appellate Authority within the six-month timeframe. An application made by an authorized officer in this manner is considered a formal appeal. The Appellate Authority will then issue a final acknowledgment, including the appeal number, in Form APL-02.

Adjournment of Appeal Hearings

The First Appellate Authority can grant adjournments for appeal hearings when a valid reason is presented. These reasons must be documented in writing. However, adjournments are restricted to a maximum of three instances.

Consideration of New Appeal Grounds

The First Appellate Authority has the discretion to permit an appellant to introduce new grounds for appeal that were not initially included, provided the authority is satisfied that the omission was unintentional.

First Appellate Authority's Decision

The First Appellate Authority has the power to affirm, amend, or nullify the original decision, but it cannot send the case back to the issuing authority.

Adverse Impact of an Order

Should an order result in an increased fee, penalty, or fine, the confiscation of goods with higher value, or a reduction in refund or input tax credit, it will only be issued after the affected party has been given a fair chance to present their case. Similarly, orders concerning the payment of outstanding or underpaid tax, incorrect refunds, or wrongly claimed input tax credit require the appellant to receive a show-cause notice beforehand. Furthermore, if an appeal application is filed under Section 107 of the CGST Act regarding the detention and seizure of goods or conveyances, 25% of the penalty amount must be remitted.

Deadline for Decision Issuance

A decision on the appeal must be rendered within one year from the date it was filed. If a Court or Tribunal issues a stay on the order, the duration of that stay is not included in this one-year period.

Notification of the Decision

The First Appellate Authority is responsible for notifying both the appellant and the adjudicating authority of the final order. Copies of this order will also be distributed to the respective jurisdictional Commissioners of CGST and SGST.

The Role of the Revisional Authority

The Revisional Authority holds the power to review the records of any proceeding, either independently or upon receiving a request from the Commissioner of SGST/CGST. This review is conducted if the authority determines that a decision made by a subordinate officer is:

• Detrimental to revenue interests
• Unlawful
• Inappropriate
• Fails to consider specific facts (whether or not available when the order was issued)
• Based on an observation by the C&AG

If deemed necessary, the authority may temporarily suspend the order for an appropriate duration. The individual involved must be given a chance to be heard.

A Chief Commissioner or Commissioner can strengthen, alter, or cancel an order.

Circumstances Where Revision is Prohibited

The Chief Commissioner or Commissioner is prevented from revising an order under specific conditions:

• If the order is already undergoing an appeal process.
• If fewer than six months have elapsed since the order's date, indicating that the appeal period is still active.
• If more than three years have passed since the order was issued.
• If the order has previously been subjected to a revision.

Furthermore, the Chief Commissioner or Commissioner can issue an order on matters not raised in any appeal, provided this order is passed within one year of the appeal order or within three years of the original order. Any period during which the order is stayed by a Court or Tribunal will be excluded from these time limits. Should an individual remain unsatisfied with the First Appellate Authority's decision, further appeals can be lodged with the National Appellate Tribunal, followed by the High Court and ultimately the Supreme Court.