Page 282 - CA Final GST
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Badlani Classes




                               Chapter XVIII [Sections 107 to 121] of the CGST Act supplemented with Chapter XIII
                               [Rule 108 to 116] of the CGST Rules prescribe the provisions  relating to appeals and
                               revision.  State GST laws also prescribed identical provision relating to appeals.

                                   2-  What do you mean by: (i) Appellate Authority ;(ii) Appellate Tribunal; (iii)
                                      Authorized representative.

                 The relevant definitions are as under-
                 1-  “Appellate Authority” means an authority appointed or authorized to hear appeals as referred to in
                     section 107 [Section 2(8) ]

                 2-  “Appellate  Tribunal”  means  the  Goods  and  Services  Tax  Appellate  Tribunal  constituted  under
                     Section 109. [ Section 2(9)]

                 3-  “Authorized representative” means the representative as referred to in Section 116. [Section 2(15)]
                 Brief chart showing Appellate Mechanism under GST:
                  Descrip    Appellate    Revisional     Appellate        High Court        Supreme Court

                    tion    Authority     Authority       Tribunal
                  Section      107           108            112               117                118

                  Appeal   Order     of  Suo    motu  Against order of:  Order  of  State/  Order  of  National  /
                  can  be  Adjudicating  revision      (a) Appellate    Area  bench  of  Regional  bench  of
                  filed    Authority                   Authority or     Tribunal  (if  case  Tribunal and against

                  against                              (b) Revisional   involves          order  of  HC  if  HC
                                                       Authority        substantial       certifies  fit  case  for
                                                                        question of law)   appeal to SC

                  Depart   Department    Not           Department  can  order  of  State  /  Order  of  national  /
                  mental   an       file  Applicable   file  appeal  on  Area  bench  of  Regional  bench  of
                  Appeal   appeal  after               review      by  Tribunal ( if case  Tribunal and against

                           review    by                commissioner     involves          order  of  HC  if  HC
                           Commission                                   substantial       certifies  fir  case  for

                           er                                           question of law)   appeal to SC
                  Place  of  Appealable   Revision     National         No                Yes
                  supply                 power         /Regional  bench

                  matters                extends       of  Tribunal  can
                                                       hear

                  Other     appealable    Revision     State   /   Area  Yes              Yes
                  matters                power         bench        of
                                                                                                                  Page281
                                         extends       Tribunal   can
                                                       hear






                                   Central Goods & Services Tax Act, 2017
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