GST Appeals with GST Appellate Tribunal (GSTAT)

Learn how to file GST appeals before the new GST Appellate Tribunal (GSTAT) in 2025. Understand eligibility, filing process, timelines, fees, and CA assistance for GST dispute resolution under Section 109 of the CGST Act.

GST Appeals with GST Appellate Tribunal Complete Guide for 2025

The Goods and Services Tax (GST) has simplified India’s indirect tax system, but as businesses grow, disputes and differences with the department are bound to occur. Whether it’s about tax demands, interest, penalties, or Input Tax Credit (ITC), the law provides a structured system of appeals to ensure fairness.

In 2025, the GST Appellate Tribunal (GSTAT) has become the crucial appeal forum for resolving complex GST disputes. This newly operational body offers taxpayers a faster, specialised, and balanced mechanism for appeals against the orders passed by lower authorities.

This article explains everything about appeals before the GST Appellate Tribunal under the GST law — including its composition, appeal filing process, required documents, timelines, and fees.

👉 Need to file a GST appeal? CA in Gurgaon can help you file an appeal professionally and represent your case before the Tribunal.

What Is the GST Appellate Tribunal (GSTAT)?

The GST Appellate Tribunal (GSTAT) is a quasi-judicial authority established under Section 109 of the CGST Act. It hears appeals against the decisions of the First Appellate Authorities or Revisional Authorities under the Goods and Services Tax law.

Purpose of GSTAT

The appellate tribunal under GST aims to ensure that businesses get fair hearings without the long delays of the court system. It acts as the second appeal level after the First Appellate Authority and before the High Court.

The Tribunal is designed to:

  • Hear appeals against the orders of lower authorities.
  • Maintain uniform interpretation of GST laws.
  • Reduce the burden on High Courts.
  • Ensure faster resolution of disputes.
What is reverse charge mechanism under GST?

Composition of the GST Appellate Tribunal

The GST Appellate Tribunal composition includes a Principal Bench at New Delhi and multiple State Benches across India.

Principal Bench (National Appellate Tribunal)

Located in New Delhi, the Principal Bench handles cases of national importance or those involving inter-state disputes.

State Benches

Each State Bench hears appeals arising within that state or union territory.

GSTAT Members

Each bench consists of:

  • One Judicial Member – a judge or legal expert.
  • One Technical Member (Centre) – with experience in central tax administration.
  • One Technical Member (State) – representing the state government.

These GSTAT members ensure that both legal and technical aspects of GST are equally addressed. Members are equally divided between central and state expertise to maintain balance in decision-making.

As of 2025, the 53rd GST Council Meeting confirmed that GSTAT benches are operational in New Delhi, Mumbai, Bengaluru, and Chennai, with more benches notified across other states.

Read More: How to Deal with GST Show Cause Notices Under GST - DSRV India

When Can You File an Appeal with the GST Appellate Tribunal?

You can file appeals with the GST Appellate Tribunal if you are not satisfied with the decision of the First Appellate Authority under Section 107 of the CGST Act.

You Can Appeal When the Order Involves:

  • Tax, interest, or penalty demands
  • Cancellation of GST registration
  • Input Tax Credit (ITC) disputes
  • Valuation or classification disagreements
  • Refund rejections

Both the taxpayer and the department can appeal to the tribunal if aggrieved by an order passed by the Appellate Authority.

Time Limit for Filing an Appeal

The appeal must be filed within three months from the date the order is communicated.
The tribunal may condone delay if you show sufficient cause for late filing.

Appeals filed beyond this period without valid reasons may be rejected.

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Hierarchy of GST Appeals – Step-by-Step Flow

Understanding the levels of appeal under the Goods and Services Tax law helps taxpayers choose the right forum.

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The Tribunal operates as a bridge between departmental adjudication and the judiciary, ensuring that the purpose of GST—a fair, efficient tax system—is upheld.

Also Read: Tax on Overseas Investments: What Indian Residents Need to Know

Procedure to File an Appeal Before the GST Appellate Tribunal

Filing a GST appeal involves both technical and procedural steps. Here’s how to do it correctly:

Step 1: Review the Order Passed by the First Appellate Authority

Read the order passed carefully and identify errors in interpretation or procedure.
Engage a CA or GST lawyer to evaluate your grounds of appeal under GST law.

Step 2: Prepare Form GST APL-05

The Form GST APL-05 is the prescribed form for filing appeals to the Appellate Tribunal under GST.

It must include:

  • Copy of the Appellate Authority’s order
  • Statement of facts and grounds of appeal
  • Supporting documents (invoices, ledgers, reconciliation statements)
  • Proof of pre-deposit payment

You must file the appeal online through the GST portal along with the Form GST APL-05.

Step 3: Payment of Pre-Deposit for Filing Appeals

Before filing, a pre-deposit is mandatory:

  • 10% of the disputed tax (maximum ₹25 crore) must be paid.
  • If already paid at the first appeal level, only the remaining 10% is needed for GSTAT.

This ensures that frivolous appeals are avoided while allowing genuine taxpayers to seek relief.

Step 4: File the Appeal on the GST Portal

  • Login to the GST Portal (gst.gov.in)
  • Go to Services → User Services → My Applications → Appeal to Appellate Tribunal
  • Fill details of the case
  • Attach required documents
  • Pay GST appeal fees
  • Submit and download the acknowledgment

The acknowledgment acts as proof that the appeal is filed successfully.

Step 5: Hearing of the Appeal

After filing, the Appellate Tribunal shall issue a notice of hearing.
The tribunal may adjourn the hearing on reasonable grounds or refer the case back to the First Appellate Authority for re-evaluation if necessary.

During the hearing:

  • The Judicial and Technical Members review your submissions.
  • You or your representative (CA/Advocate) must present arguments.

After consideration, the tribunal shall pass a written order, confirming, modifying, or annulling the lower authority’s decision.

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Documents Required for Appeal to the GST Appellate Tribunal

To ensure smooth filing of appeal, gather these documents:

  • Order of Adjudicating Authority and First Appellate Authority
  • Proof of pre-deposit payment
  • GST returns and ledgers
  • Authorization letter or Power of Attorney
  • Grounds of appeal and statement of facts
  • Any other supporting documents related to the dispute

Proper documentation ensures your appeal before the GST Appellate Tribunal is accepted without delay.

Timelines and Fees for GST Appeals

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The filing of appeal must be done within the prescribed period, unless prevented by sufficient cause.

Powers of the GST Appellate Tribunal

The Appellate Tribunal under GST holds significant authority similar to a court or tribunal under the Code of Civil Procedure.

Key Powers Include:

  • Summon and examine witnesses
  • Require the production of documents
  • Admit new evidence in special circumstances
  • Amend its own order to rectify apparent mistakes
  • Refer cases back to the lower authority
  • Act as the final fact-finding authority before the High Court

The tribunal also ensures compliance with GST regulations and upholds the principles of natural justice.

Benefits of Appealing Before the GST Appellate Tribunal

  • Specialized appeal forum dedicated to GST.
  • Faster dispute resolution compared to courts.
  • Consistent interpretation of GST laws across India.
  • Transparent and balanced decision-making with judicial and technical members.
  • Helps reduce litigation backlog and improve taxpayer confidence.

The GSTAT plays a critical role in maintaining compliance with GST laws and providing a fair redressal mechanism for both taxpayers and the government.

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Common Reasons for GST Appeals

Some of the most frequent triggers for appeals to the GST Appellate Tribunal include:

  • Denial of Input Tax Credit (ITC).
  • Wrong tax classification (goods vs. services).
  • Order passed without proper hearing.
  • Excess demand of tax or interest.
  • Cancellation of registration without valid cause.
  • Dispute over place of supply or GST rate.

Addressing these through the Appellate Tribunal under GST ensures that every taxpayer gets a fair and independent hearing.

Latest Updates on GST Appellate Tribunal (2025)

  • Benches operational in Delhi, Mumbai, Chennai, and Bengaluru.
  • Principal Bench (National Appellate Tribunal) at New Delhi is fully functional.
  • Online filing system (Form GST APL-05) integrated with the GST portal.
  • Tribunal can amend its order or remand cases if errors are noticed.
  • 53rd GST Council Meeting recommended increasing tribunal benches for faster appeals.
  • Orders of the Tribunal will be published online for transparency and reference.

These developments reflect the government’s commitment to strengthening the appeal structure under GST law.

Role of a CA Firm in GST Appeals

Filing a GST appeal is more than just uploading documents — it requires legal understanding and strategic presentation.

A professional CA firm ensures that your appeal before the GST Appellate Tribunal is well-drafted, backed by data, and compliant with all procedural norms.

How We Help:

  • Reviewing the order passed by authorities.
  • Drafting precise grounds of appeal.
  • Filing Form GST APL-05 and managing deadlines.
  • Calculating pre-deposit and GST appeal fees.
  • Representing clients during hearings before GSTAT.
  • Following up till the final order is received.

Our experienced team at DSRV India has successfully handled appeals against the orders passed by authorities and helped clients achieve favorable outcomes before tribunals and High Courts.

Place of supply rules under GST

FAQs on GST Appellate Tribunal

1️⃣ What is the GST Appellate Tribunal?
It’s a quasi-judicial body formed to hear appeals against the orders of the First Appellate Authority under GST law.

2️⃣ Who are the members of the Tribunal?
Each bench includes one Judicial Member, one Technical Member (Centre), and one Technical Member (State).

3️⃣ How long do I have to file an appeal?
You must file an appeal within three months from the date the order is communicated.

4️⃣ What is the pre-deposit requirement?
10% of the disputed amount (up to ₹25 crore). Total pre-deposit, including lower levels, is capped at 20%.

5️⃣ Can the Tribunal amend its order?
Yes, the Appellate Tribunal can amend its order to correct mistakes or refer the case back for re-hearing.

6️⃣ Is it necessary to hire a professional?
Yes. A CA or advocate ensures proper drafting, filing, and representation before the Tribunal.

Conclusion

The establishment of the GST Appellate Tribunal (GSTAT) has streamlined the appeal process under GST, providing a specialized forum for resolving tax disputes fairly and efficiently. With dedicated benches, defined powers, and an online appeal system, it has become a cornerstone of the Goods and Services Tax regime in India.

If you’ve received an unfavorable order from the department or First Appellate Authority, don’t delay. File your appeal to the GST Appellate Tribunal within the time limit, supported by proper documentation and expert representation.

💼 At DSRV India, our GST experts handle end-to-end appeal processes — from assessing orders to representing clients before the GSTAT, High Court, or beyond.

Facing a GST dispute?

File your appeal with confidence. Talk to our GST litigation specialists today.

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