Checklist for Filing an Appeal Before the GST Appellate Tribunal (GSTAT)
1. Preparation of the Appeal Document
- Use the prescribed GSTAT Appeal Form GSTAT Form-01 (as per GSTAT rules).
- Draft cause title:
- State: “In the Goods and Services Tax Appellate Tribunal.”
- Mention the order/proceeding being challenged.
- Divide the appeal into separately numbered paragraphs, each covering a distinct fact or point.
- Clearly state full name, parentage, GSTIN, description, and address of each party at the beginning.
- Ensure consecutive numbering of parties (e.g., Appellant 1, Respondent 1) and sub-numbering for legal heirs if needed.
2. Grounds of Appeal
- Grounds of appeal are concise, numbered consecutively, and typed double-spaced on A4-size paper.
- Grounds are clearly structured under distinct headings.
- No new grounds beyond the Form unless Tribunal permission is taken.
3. Documents to Attach
- Certified copy of the order appealed against.
- Certified copy of the order of original authority (if appealing against appellate or revision order).
- All relied upon documents (clear, legible, paginated, indexed, tagged).
- Copy of authorization letter (if filed by an authorized representative).
- English translation of documents not originally in English (certified translation).
4. Filing and Presentation
- File the appeal online via the GSTAT Portal.
- Submit required number of copies as specified by the Portal/system.
- Upload certified copy of the impugned order online.
- Pay prescribed fee under Rule 110(5).
- Obtain final acknowledgment generated by GSTAT Portal.
5. Defect Rectification (If Applicable)
- Rectify defects within 7 working days (or within 30 days if extension allowed) if any defect is pointed out.
- Refile corrected documents promptly to avoid rejection.
6. Respondent and Cross-Objections
- Serve a copy of the appeal and relevant documents to the respondent and the concerned Commissioner.
- Be prepared for respondents to file:
- Replies (within one month of receipt).
- Cross-objections (where applicable).
- File a rejoinder if necessary, after receiving the respondent’s reply.
7. General Requirements
- Verify and sign the appeal and documents properly.
- Ensure all documents and pleadings are neatly typed, double-spaced, properly paginated, indexed, and tagged firmly.
- Maintain clear copies and true attestation by authorized persons if needed.
- Ensure proper authorization (Power of Attorney or Letter of Authorization) is on file.
8. Key Reminders
- Joint appeals are not allowed (each aggrieved person must file separately).
- Filing multiple appeals if impugned order covers multiple orders-in-original.
- Ensure appeal complies with GSTAT rules for structure, format, and content.
- Review all supporting documents for clarity and completeness before filing.