The much-awaited Goods and Services Tax Appellate Tribunal (GST-AT) has been given approval from the GST Council. The GST-AT will be set up in the form of a higher judicial forum which is going to look into the redressal disputes of businesses under the new Goods and Services Tax regime.
A senior official informed on privacy that the GST Council agreed to set up a tribunal covering all four national bench, comprising Delhi bench and three regional benches in Mumbai, Kolkata, and Chennai. The GST implementation on 1 July 2017 has provided a review and appeal mechanism in order to resolve the disputes. The tribunal works on the second stage of appeal and receives pleas against the orders from revisional or appellate authorities.
The GST Council gave approval to the draft rules to appoint the president and members of the tribunal and applicable conditions of service. As per the rules, the president of the tribunal is required to complete the service in a High court or the Supreme Court as a judge for a minimum five years.
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Goods and Services Tax has completed a year in the country and industry is enthusiastically waiting since a long time for an establishment of the appellate forum. A tax partner at recognized firm mentioned in a statement, “Constitution of the second level of appeal will put in place a mechanism for disposal of appeals arising out of the first-level appellate orders.”
This action by GST Council is taken in order to stabilize the redressal dispute issues. This new framework is going to take place of the Central Excise and Services Tax Appellate Tribunal.
Another tax partner at the recognized firm also said: “Constitution of a national bench of the GST Appellate Tribunal at four locations in India can go a long way in bringing certainty to tax positions.” He further added that this move would save businessmen from different explanations provided by advance ruling authorities of states.
He extended the statement and said that when the decisions of the four appellate tribunals will be rigid, it will be beneficial for both the tax officials and assessees because the provisions would work as legal examples on the disputes under GST regime.
