Page 299 - CA Final GST
P. 299

Badlani Classes




                               3-  Form for filing Application The application shall be made in GST APL-07 either
                                   electronically or otherwise on the common portal.
                               4-  Application to be treated as Departmental Appeal where in pursuance of an order

                                   under Section 112(3), the authorized officer makes an application to the Appellate
                                   Tribunal, such application shall be dealt with by the Appellate Tribunal as if it were

                                   an appeal made against the order under Section 107(11) or under Section 108(1) and
                                   the provisions of this Act shall apply to such application, as they apply in relation to
                                   appeals filed under Section 112(1) [Section 112(4)]

                               5-  Pre- deposit not Required There is no requirement of making a pre-deposit in case
                                   of departmental appeal.
                               (C)  Other Aspects:

                               1-  Memorandum of cross objections to be filed within 45 Days On receipt of notice
                                   that an appeal has been preferred under this section, the party against whom the
                                   appeal has been preferred may, notwithstanding that he may not have appealed

                                   against such order or any part thereof, file, within 45days of the receipt of notice, a
                                   memorandum of cross–objections, verified in the prescribed manner, against any

                                   part of the order appealed against and such memorandum shall be disposed of by the
                                   Appellate Tribunal, as if it were an appeal presented  within the time specified in
                                   Section 112(1) [Section 112(5)]

                               2-  Application for rectification, restoration etc. to be accompanied by Prescribed
                                   Fees As per Section 112(1) , every application made before the Appellate Tribunal.,-
                                   (a)  in an appeal for rectification of error or for any other purpose; or

                                   (b)  for restoration of an appeal or an application,
                               The fees for restoration of appeal shall be `1,000 for every `1 lakh of tax or input tax

                               credit involved or the difference in tax or input tax credit involved or the amount of fine,
                               fee or penalty determined in the order appealed against, subject to a maximum of or the
                               difference  in  tax  or  input  tax  credit  involved  or  the  amount  of  fine,  fee  or  penalty

                               determined in the order appealed against, subject to a maximum of `25,000


                               There shall be no fee for application made before the Appellate Tribunal for rectification
                               of errors referred to in Section 112(1)

                               8- In what circumstances additional evidence can be produced by an appellant before
                               the Appellate Authority or the Appellate Tribunal.
                                                                                                                  Page298
                               Production of additional evidence before the Appellate Authority or the Appellate
                               Tribunal [Rule 112]:






                                   Central Goods & Services Tax Act, 2017
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