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.