GST
Missed the four-month appeal window
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
The Appellate Authority cannot accept an appeal filed beyond three months plus one month. After that, remedies are limited, such as a High Court writ in exceptional cases, or rectification if the order has an apparent error.
Provisions and law
- Sec 107(4), CGST Act 2017Appellate Authority may allow a further one month if there was sufficient cause for delay
- Sec 161, CGST Act 2017Officer can rectify an error apparent on the face of the record within three months of the order
Analysis
The Supreme Court has held that limitation provisions in tax appeals must be followed strictly. High Courts have sometimes stepped in where the order was never properly communicated or where natural justice was violated. Example: if the order was uploaded under Additional Notices and you had no notice of it, that fact may support a writ. Take legal advice quickly.
Conclusion
- Check exactly when and how the order was communicated
- Check for apparent errors that rectification under Sec 161 can fix
- Consult a lawyer on a writ if there was no proper service or no hearing
- Act quickly, as delay weakens any writ
A Savvy can do this for you
First appeal
Quote
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.