GST
Time limit for filing APL-01
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Facts
You have three months from the date the order is communicated to file APL-01. The Appellate Authority can allow one more month if you show sufficient cause. After that, the appeal authority cannot condone delay.
Provisions and law
- Sec 107(1), CGST Act 2017Any person aggrieved by an order of an adjudicating authority may appeal to the Appellate Authority within three months of communication
- Sec 107(4), CGST Act 2017Appellate Authority may allow a further one month if there was sufficient cause for delay
Analysis
Communication is usually the date the order is uploaded on the portal. Example: order uploaded on 15 July; the normal last date is 14 October, and with condonation up to 13 November. If you are in the fourth month, file APL-01 with a delay explanation, such as illness or a late copy. Beyond four months, only a High Court writ may help, and that is uncertain.
Conclusion
- Find the upload date of the order on the portal
- Calculate three months and the extra one month
- File within three months to avoid needing condonation
- If late, give clear reasons and proof for delay in APL-01
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