Any taxpayer or an unregistered person unsatisfied by any decision or order passed against him by an adjudicating authority, may appeal to the Appellate Authority against demand order by using Form GST APL-01, within three months from the date on which the said decision or order is communicated to such person.
Minimum of 10% of the disputed tax needs to be paid as pre-deposit (as per law) before filing an appeal. However the competent authorities may declaring a lower percentage for pre-deposit.
To file an appeal against a demand order using form GST APL-01, perform following steps:
A. Login to the GST Portal with valid credentials i.e. your User Id and Password.
B. Follow the Steps to file appeal appeal against a Demand Order on GST Portal
a. Click the Services > User Services > My Applications command.
b. The My Applications page is displayed. Select the Application Type as Appeal to Appellate Authority from the drop-down list.
c. Click the NEW APPLICATION button.
The GST APL-01: Appeal to Appellate Authority page is displayed.
d. Select the Order Type as Demand Order from the drop-down list.
e. In the Order No field, enter the Order Number issued by adjudicating authority.
f. Click the SEARCH button.
g. The Order Details page is displayed.
h. Select the Category of the case under dispute from the drop-down list.
i. Click the ADD button.
Note:
1. Click the click here link to download the Annexure to GST APL-01 Template.
2. The GST APL-01 Template is downloaded. Open the downloaded template.
3. Click the Enable Editing button.
4. Enter the details.
5. Once you have entered the details, click on the File button in top left corner.
6. Now select the location to save the file and in the File Name list, type or select a name for the document.
7. In the Save as type list, select PDF.
8. Click the Choose File button to upload the PDF.
Note: You can upload file with maximum size of upload as 5 MB
9. Select the PDF file which was saved and click the Open button.
10. The PDF file is uploaded. You can click the DELETE button to delete the uploaded PDF file.
1. Click the DISPUTED AMOUNT/PAYMENT DETAILS button to enter disputed amount and payment details.
2. The Disputed Amount/ Payment Details page is displayed.
3 (a). In the Amount under Dispute section, enter the amount which is under dispute. Amount under Dispute cannot be more than Amount of Demand Created.
3 (b). Use the scroll bar to view the Total Amount under dispute.
3 (a). Amount of Demand created and admitted is displayed in this section.
3 (b). Use the scroll bar to view the Total Amount of Demand created and admitted.
Note: Pre-deposit % of disputed tax field will have 10% as default value. Minimum of 10% of the disputed amount needs to be paid as pre-deposit before filing an appeal. Lower percentage can be given here, if the same has been approved by the competent authorities.
Based on the percentage entered details of payment required, details of payment of admitted amount and pre-deposit and details of amount payable towards admitted amount and pre-deposit sections are auto-populated.
Click the UTILIZE ITC/CASH button.
1. Once you have entered the amount, click the SET-OFF button.
2. A confirmation message is displayed. Click the OK button.
3. A success message is displayed on top of the page. Payment Reference Number is displayed on the screen. Click the BACK button.
1. To upload any other supporting document, enter the document description and click the Choose File button.
Note:
1. To preview the Application before filing, Click the PREVIEW button.
2. The PDF file will be downloaded. Open the pdf file and check if all the details are correctly updated.
3. Select the Name of the Authorized Signatory from the drop-down list.
4. Enter the Place where application is filled.
5. Click the PROCEED TO FILE button.
6. Click the PROCEED button.
7. Click the SUBMIT WITH DSC or SUBMIT WITH EVC button.
8. A confirmation message is displayed that form has been signed. You can click the DOWNLOAD button to download the acknowledgement receipt.