Condition for Appeals: Pre-fixed deposit
The aggrieved taxpayer who wishes to contend against the order of ‘GST Adjudicating Authority’ can file an appeal before the first appellate authority. But, the appeal must be filed within three months of receiving the orderUnion Budget 2021 Outcome
1st February 2021:
(1) Seizure and confiscation of goods and conveyances in transit are now made as a separate proceeding from the recovery of tax from Section 74.
(2) Self-assessed tax referred to under section 75 of the CGST Act shall also cover the outward supplies/sales as reported in GSTR-1 under section 37 of the CGST Act but which has been missed out while reporting in GSTR-3B under section 39.
(3) The provisional attachment shall remain valid for the entire period starting from the initiation of any proceeding till the expiry of a period of one year from the date of order made thereunder.
(4) With respect to orders received on detention and seizure of goods and conveyance, 25% of penalty needs to be paid for making an application of appeals under section 107 of the CGST Act. Date of applicability is yet to be notified.
- Such part of tax demanded in the order that he admits being liable for; and
- 10% of the remaining part of tax demanded in the order as a pre-deposit amount or Rs. 25 crores, whichever is less.
- Such part of tax demanded in the order that he admits being liable for; AND
- 20% of the remaining part of tax demanded in the order as a pre-deposit amount or Rs. 50 crores, whichever is less. This will be in addition to what was deposited before the first appellate authority.
