List of Orders against which you can’t file appeal in GST

By | September 29, 2016
(Last Updated On: September 29, 2016)

Appeals, Review and Revision in GST

As per following FAQs on GST (Appeals, Review and Revision)  released by CBC , a person can not file appeal against the orders mentioned in Section 93 of Model GST  Law

Q 1. Whether any person aggrieved by any order or decision passed against him has the right to appeal?

Ans. Yes. Any person aggrieved by any order or decision passed against him has the right to appeal. It must be an order or decision passed by an “adjudicating authority”. However, some decisions or orders (as provided for in Section 93) are not appealable.

Section 93 of Model GST Law

93. Non Appealable decisions and orders Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by a GST officer if such decision taken or order passed relates to any one or more of the following matters:-

(a) An order of the Commissioner or other competent authority for transfer of proceeding from one officer to another officer;

(b) An order pertaining to the seizure or retention of books of account, register and other documents; or

(c) An order sanctioning prosecution under the Act; or

(d) An order passed under section 55.

Section 55 of Model GST Law

55. Payment of tax and other amount in installments. On an application filed by a taxable person, the [Commissioner/Chief Commissioner] may, for reasons to be recorded in writing, extend the time for payment or allow payment of any amount due under the Act, other than the amount due as per the liability self-assessed in any return, by such person in monthly installments not exceeding twenty four, subject to payment of interest under section 36 with such restrictions and conditions as may be prescribed:

Provided that where there is default in payment of any one installment on its due date, the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery.

Education Guide on Goods & Service Tax (GST)


 

S. No.Title of the Post
1.Goods and Services Tax (GST): An Overview
2 Levy of GST & Exemption from Tax
3.GST Registration
4.Meaning and Scope of Supply
5Time of Supply
6Valuation in GST
7.GST Payment of Tax
8Electronic Commerce under Goods & Service Tax (GST)
9Job Work under Goods & Service Tax (GST)
10Input Tax Credit under Goods & Service Tax (GST)
11Concept of Input Service Distributor in Goods & Service Tax (GST)
12Returns Process and matching of Input Tax Credit under GST
13Assessment and Audit under GST
14Refund under GST
15Demands and Recovery under GST
16Appeals, Review and Revision in GST
17Advance Ruling in Goods and Service Tax (GST)
18Settlement Commission in Goods and Service Tax (GST)
19Inspection, Search, Seizure and Arrest under GST
20Offences, Penalty, Prosecution & Compounding in GST
21Integrated Goods & Service Tax (IGST) Act Overview
22.Place of Supply of Goods and Service under GST
23.Frontend Business Process on GST Portal
24.Transitional Provisions in Goods & Service Tax (GST)

 

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