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The Goods and Services tax, most commonly used as GST, was introduced to subsume the major indirect taxes and remove the cascading effect of the same. However, it has led to a lot of confusion among the general public since its introduction, which hasn’t been cleared even after 5 years of being adopted in the country, which has ultimately led to an increase in the no. of litigations in respect of the same.
It is quite saddening that even after being well aware of the situation, there hasn’t been a designated forum for the redressal of the issues related to GST, despite extensive discussions about the formation of a separate appellate tribunal. The article discusses the GST Appellate Tribunal (GSTAT), the various aspects related to it, and the need of establishing such a tribunal at the earliest.
GSTAT is an acronym for GST Appellate Tribunal, which is an independent specialized appellate authority for the resolution of disputes under the Goods and Services Tax (GST).
Section 109 of the CGST Act provides the power to the Central Government to constitute a Goods and Services Tax Appellate Tribunal (GSTAT) as per the recommendations of the GST Council[1] for the purpose of dealing with the appeals under GST filed against the order of the first level appellate authority or the revisional authority. The Supreme Court of India has recently pronounced a judgment with regard to making the operations of the GSTAT completely paperless.
The Group of Ministers have proposed the following recommendations regarding the Goods and Services Tax Appellate Tribunal (GSTAT)
GSTAT has now become the need of the hour due to the following reasons-
It is an undeniable fact alternative remedies are available for filing a writ petition before the Hon’ble High Courts. But in reality, the High Court often hesitates to address writs involving “disputed questions of fact”; therefore, they cannot be approached for the appropriate remedies. Only the Tribunals are treated as ‘final fact-finding’ authorities, and the absence of GSTAT has resulted in the inability of the lower courts and authorities in resolving the issues under litigation because of disputes on “facts” The GST cases are dealt by the High Courts in the absence of GSTAT, increases their burden.
The Government needs to consider the issues related to the absence of a Goods and Services Tax Appellate Tribunal and take adequate steps to establish such a tribunal as soon as possible to facilitate the reduction of burden on the High Court and provide the much-needed redressal forum for the taxpayers and promote the speedy disposal of tax litigation in the country.
Read Our Article: GST Registration Requirements (Goods and Services)
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