"An appeal to the Appellate Authority cannot be filed manually under any circumstances." Comment on the validity of the above statement with reference to GST law.
CS Professional · Advanced Tax Laws · PYQS · June 2024
"An appeal to the Appellate Authority cannot be filed manually under any circumstances." Comment on the validity of the above statement with reference to GST law.
Answer & Explanation:
The Statement is not correct. Facility for filing appeal manually to Appellate Authority in certain specified circumstances [Rules 108(1) and 109(1) amended] An appeal against any decision or order passed by an adjudicating authority to Appellate Authority can be filed either: (i) by the aggrieved person (taxpayer) [Section 107(1) read with rule 108] or (ii) by the Department [Section 107(2) read with rule 109]. Proviso have been inserted to each rule 108(1) and rule 109(1) to provide as follows: An appeal to the Appellate Authority may be filed manually in GST APL-01 (in case of appeal by aggrieved person) or GST APL-03 (in case of appeal by Department), along with the relevant documents, only if (i) the Commissioner has so notified, or (ii) the same cannot be filed electronically due to non-availability of the decision or order to be appealed against on the common portal, and in such case, a provisional acknowledgement shall be issued to the appellant immediately. [Effective from 04.08.2023] [Notification No. 38/2023 CT dated 04.08.2023]
Topics: GST
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