Manual > Filing an Appeal against Demand Order (FORM GST APL-01)

How do I file an appeal against a Demand Order?

To file an appeal against a demand order, perform following steps:

 

1.  Access the www.gst.gov.in URL. The GST Home page is displayed.

2. Login to the GST Portal with valid credentials i.e. your User Id and Password.

 

Click the links below to know more about it.

 

A. Creating Appeal to Appellate Authority

B. Upload Annexure to GST APL-01

C. Disputed Amount/ Payment Details

D. Pre-deposit % of disputed tax

E. Utilize Cash/ ITC

F. Add any Other Supporting Document

G. Preview the Application and Proceed to File

H. Withdraw an Appeal Application

I. Re-file an Appeal Application

A. Creating Appeal to Appellate Authority

3. Click the Services > User Services > My Applications command.

 

 

4. The My Applications page is displayed. Select the Application Type as Appeal to Appellate Authority from the drop-down list.

5. Click the NEW APPLICATION button.


  

The GST APL-01: Appeal to Appellate Authority page is displayed.

 

 

 

6. Select the option Yes if the order pertaining to Multiple Financial Years or No to proceed with single Financial Year. Select the Order Type from the drop-down list.


Note 1: Multiple Financial Years is applicable for Form GST DRC-07 and Form GST DRC-08 Orders. Now, the appeals can be filed for Multiple Financial Years basis the DRC 07 or DRC 08 order under the Assessment demand or Enforcement demand category. 

 

Note 2: If you select option Yes, then the following options will be displayed in the drop-down list.

 

Note 3: If you select option No, then the following options will be displayed in the Order Type drop-down list.

 

 

7. In the Order No field, enter the Order Number issued by adjudicating authority.

8. Click the SEARCH button.

 

 

Note 1: If the order is under revision proceedings, the same will be disabled for filing appeal at Appellate Authority and  following error message will be displayed on the screen.

 

 

Note 2: If the rectification order has been passed against the order number entered, then following message will be displayed on the screen.

 

 

9. The Order Details page is displayed.

 

 

Note: If rectification is already filed, Appeal cannot be filed. However, after Rectification request is completed, Appeal can be filed only for the said Rectified order, but not against the original order.

 

10. Select the Category of the case under dispute from the drop-down list.

 

 

11. Click the ADD button.

 

 

Note:

1. Date of Communication and Period of Dispute is displayed on the screen. However, you can edit the same.

2. You can add multiple line items from the Category of the case under dispute drop-down list by clicking the ADD button.

3. You can click the DELETE button to delete the details added.

 

B. Upload Annexure to GST APL-01

12. Click the click here link to download the Annexure to GST APL-01 Template.

 

 

13. The GST APL-01 Template is downloaded. Open the downloaded template.

 

 

14. Click the Enable Editing button.

 

  

15. Enter the details.

 

 

16. Once you have entered the details, click on the File button in top left corner.

 

 

17. Click the Save As button.

 

 

18. Now select the location to save the file and in the File Name list, type or select a name for the document.

19. In the Save as type list, select PDF.

 

 

20. Click the Save button.

 

 

Note: You should have a PDF reader installed on your computer to open the PDF file.

  

21. Click the Choose File button to upload the PDF.

Note: You can upload file with maximum size of upload as 5 MB.

 

 

22. Select the PDF file which was saved and click the Open button.

 

 

23. The PDF file is uploaded. You can click the DELETE button to delete the uploaded PDF file.

 

C. Disputed Amount/ Payment Details

24. Click the DISPUTED AMOUNT/PAYMENT DETAILS button to enter disputed amount and payment details.

 

  

25. The Disputed Amount/ Payment Details page is displayed.

 

Note: If you have selected the option Yes for order pertaining to Multiple Financial Years then, the Disputed Amount/Payment page for Multiple Financial years will be displayed in separate tabs for each Financial Year.

 

 

26 (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.

 

Note 1: 
• Overall tax period will be auto-populated from Original order and cannot be changed while filing Appeal.

• For multiple Financial Years, you have to select each year and then enter the amount which is under dispute.

• Pre-deposit amount is calculated for total amount and will be auto-populated for all Financial Years, based on the disputed amount entered.

 

 

Note 2: 
•    If you have not disputed any component of the demand in any Financial Year, then default value Zero will be mentioned in that Financial Year. 
•    If a demand is not entered in a Financial Year or if the number of years disputed in application is less than the number of years in the original order, then a Warning message will be displayed. 

 

 

Note 3: If you have selected IGST, then fill the Admitted amount/Disputed amount for respective Place of Supply. Click the DONE button.
Click the ADD button to enter IGST amount corresponding to the respective Place of Supply. 

 

Note: Click the BACK button to go to the previous page.

 

26 (b). Use the scroll bar to view the Total Amount under dispute.

 

 

27 (a). Amount of Demand created and admitted is displayed in this section.

 

 

 

27 (b). Use the scroll bar to view the Total Amount of Demand created and admitted.

 

 

 

D. Pre-deposit % of disputed tax

Note:

 

1. 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.

 

2. When the taxpayer is submitting an Appeal against MOV 09 / rectified MOV 09 and has already paid minimum of 25% of penalty amount mentioned in original order, he/she need not pay the pre-deposit 25% additionally on such penalty component while filing appeal.

 

 

28. Click the Integrated Tax hyperlink to enter Place of Supply wise details. Enter the details and click the ADD button to enter another Place of Supply wise details.

 

 

29. Click the DONE button.

 

 

E. Utilize Cash/ ITC

30. Click the UTILIZE ITC/CASH button.

 

 

 

Note: If sufficient amount necessary has already been remitted against the appeal application and amount payable is appearing 0, yet a taxpayer clicks on UTILIZE ITC/ CASH button, then following message will be dispalyed on the screen.

 

 

31. Liability, Cash Ledger Balance and Credit Ledger Balance details are displayed.

 

  

32 (a) Liability

The liability as on date are shown in below table.

   

 

32 (b) Cash Ledger Balance

The cash available as on date are shown in below table.

 

 

32 (c) Paid through Cash

Use the scroll bar to move to the right to enter the amount to be paid through cash against that liability.

 

 

32 (d) Credit Ledger Balance

The ITC available as on date are shown in below table.

 

 

32 (e) Paid through ITC

Use the scroll bar to move to the right to enter the amount to be paid through ITC against that liability.

Note: ITC can be adjusted against Tax liability only.

 

 

33. Once you have entered the amount, click the SET-OFF button.

 

 

34. A confirmation message is displayed. Click the OK button.

 

 

35. A success message is displayed. Payment Reference Number is displayed on the screen. Click the BACK button.

 

F. Add any Other Supporting Document

36. To upload any other supporting document, enter the document description and click the Choose File button.

Note:

 

 

37. Select the file to be uploaded and click the Open button.

 

 

38. Click the ADD DOCUMENT button to add the uploaded supporting document.

 

 

39. The PDF file is uploaded. You can click the DELETE button to delete the uploaded PDF file.

 

G. Preview the Application and Proceed to File

40. To preview the Application before filing, Click the PREVIEW button.

 

 

 

41. The PDF file will be downloaded. Open the pdf file and check if all the details are correctly updated.

 

 

 

Note 1: Click the Financial Year Wise Breakup of Application to preview financial year wise breakup. 

 

 


Note 2: The draft PDF with Financial Year Wise Breakup of amount disputed in the appeal application will be downloaded.

 

 

 

Note 3: Click the SAVE AS DRAFT button. The Saved details will be deleted if not submitted within 15 days from the date of saving the details.

 

 

42. Select the Name of the Authorized Signatory from the drop-down list.

43. Enter the Place where application is filled.

44. Click the PROCEED TO FILE button.

 

 

45. Click the PROCEED button.

46. Click the SUBMIT WITH DSC or SUBMIT WITH EVC button.

 

 

In case of SUBMIT WITH DSC

 

a. Select the certificate and click the SIGN button.

 

In case of SUBMIT WITH EVC

 

a.  Enter the OTP sent on email and mobile number of the Authorized Signatory registered at the GST Portal and click the VERIFY button.

 

 

 

47. A confirmation message is displayed that form has been signed. You can click the DOWNLOAD button to download the acknowledgement receipt.

 

 

Once an appeal against a demand order is filed, an email and SMS is sent to the taxpayer (or an unregistered person, as the case may be) and Appellate Authority. 

 

H. Withdraw an Appeal Application

1.    To withdraw an Appeal application, navigate to Services > User Services > My Applications. 


 


2.    Select Appeal to Appellate Authority option from drop-down. Select period for which you wish to view applications from by clicking on calendar icon in From Date and To Date fields. 
3.    Click the SEARCH button. Search Results will be displayed, you can click the ARN hyperlink of the appeal you wish to withdraw. 
 
 

 

4.    From Case details page navigate to the Withdrawal Application tab. 

 


5.    Click on APPLY FOR WITHDRAWAL and then select Application for Withdrawal.

 

 

6.    Select the Reason for withdrawal and click the Add button. Multiple reasons can be added by selecting from the drop-down. Upload the necessary documents and enter/select the Declaration details. Click the Submit button.

 

 

Note: You can select the appropriate reason from the following list of reasons of the Reason for Withdrawal drop-down.  


 


Note: Click on the PREVIEW button to view and download the PDF of Application for Withdrawal of Appeal Application before submitting the application. 

7.    Sign the application with DSC or EVC. After the application has been submitted, a success message will be displayed.

 

 

Note: If the Appeal application is withdrawn before the admission of appeal, then the withdrawal is auto-approved, however if the Appeal application is withdrawn post admission, then it will be sent to Appellate Authority for approval. 
The Appellate Authority will approve or reject the withdrawal application based on the stage where the appeal application is at.  
Case I: Post admission of withdrawal of application, if SCN is not issued, the Appellate Authority can approve or reject the withdrawal of the appeal application. 
Case II: Post admission of withdrawal of application, if SCN is issued, the Appellate Authority cannot approve the withdrawal of the appeal application. Hence the withdrawal application will get rejected. 
 If the appeal withdrawal is approved, the pre-deposited amount will be adjusted against the taxpayer’s liability and the remaining demand id amount must be paid by taxpayer separately.  

 

I. Re-file an Appeal Application After Rejection or Withdrawal

If an appeal application has been rejected by the tax officer at admission stage or has been withdrawn, the taxpayer can file the application again using the same Order ID. To file the appeal again, follow the below steps:


1.    Navigate to My Applications under User Services and select the Application Type as Appeal to Appellate Authority. Click the New Application button. 

 

 

2.    Select the Order Type and enter the Order number.

 


3.    The Appeal to Appellate Authority form will be displayed. Select the Category of case under dispute and upload the necessary documents Enter the Verification details and click the Proceed to File button.

 


 
4.    A Warning message will be displayed. The Appeal application cannot be filed again after this. To file the Appeal application, click the Proceed button. Submit the Application using DSC and EVC. 

 

 

5.    On successful submission of the application, the  Provisional acknowledgement details will be displayed.