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GST / CBIC Removal of Difficulty - CGST

Deadline for GST Appellate Tribunal Appeals Extended

The time limit to file an appeal with the GST Tribunal now starts only after the Tribunal President takes office.

Document
Removal of Difficulty - CGST Order No.9/2019 - Central Tax
Dated
03 Dec 2019
Effective
03rd December, 2019

This page was written by Patron Accounting’s AI from the official release and reviewed before publishing. It explains the document in plain language. It is not the document itself. Where this page and the original differ, the original governs.

The short version

  1. The appeal filing window is paused until the GST Tribunal is fully functional.
  2. The three-month deadline for taxpayers begins on the later of two dates.
  3. The two dates are the order date or the Tribunal President's start date.
  4. This rule applies to both taxpayer appeals and official Commissioner applications.

In short

This order, known as the Central Goods and Services Tax (Ninth Removal of Difficulties) Order, 2019, explains how to calculate appeal deadlines while the GST Appellate Tribunal is not yet active.

What has changed

How it worked before

Previously, the three-month deadline for filing an appeal began strictly from the date you received the order, regardless of whether the Tribunal was actually open to accept it.

What has changed

The start date for your appeal window is now the later of either the date you received the order or the date the Tribunal President officially enters office.

Who this affects

This affects any business or individual who wants to appeal a decision made by a GST Appellate or Revisional Authority.

An example

Imagine you received an order from the Appellate Authority on January 1st. Because the GST Tribunal was not yet formed, you could not file an appeal. If the Tribunal President takes office on March 1st, your three-month window to file an appeal begins on March 1st instead of January 1st.

What you should do

You do not need to take immediate action, but you should monitor the official government announcements regarding the appointment of the President of the GST Appellate Tribunal in your state.

If you do nothing

If you miss the deadline once the Tribunal is active, your right to appeal may be permanently lost. You could be forced to accept the original order and pay any associated tax or penalties.

The terms explained

GST Appellate Tribunal
A specialized court that hears appeals against decisions made by lower GST tax authorities.
Appellate Authority
The official body that reviews and decides on initial disputes regarding your tax orders.
Communication of order
The date you officially receive the written decision from the tax department.

The original document

Issued byGST
DocumentRemoval of Difficulty - CGST Order No.9/2019 - Central Tax
Full titleIssuance of Removal of Difficulties Order so as to extend the last date for filing of appeals before the GST Appellate Tribunal against orders of Appellate Authority on account of non-constitution of benches of the Appellate Tribunal
Issued on03 December 2019
Effective03rd December, 2019

About Patron Accounting LLP

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Does this change apply to me?

It applies if you have received an order from a GST Appellate or Revisional Authority and intend to challenge that decision at the GST Appellate Tribunal.

When does my appeal deadline start?

Your deadline starts on the later of two dates: the date you received the order or the date the President of the GST Appellate Tribunal officially enters office.

Do I need to file anything right now?

No, there is no immediate filing required. You should wait for the Tribunal to be constituted in your jurisdiction.

What happens if I do nothing?

Nothing happens for now because the Tribunal is not yet ready. However, once it is active, you must ensure you file your appeal within the three-month window starting from the President's entry date.