GST Appellate Tribunal is to be set up in 3 months; 48th Council Meet will pave way and expedite process

The Upcoming GST Council meeting to be held on 17th December, 2022 gets more attention amidst a long standing demand of the industry seems to come into reality as source point out that GoM has submitted final report on setting up the GST Appellate Tribunal (GSTAT) and the Council may expedite the setting up process of GST Tribunal in 3 months having consider the increasing no. in GST disputes and litigations and blockage of revenue due to mass GST registration cancellation.

The GoM final report is expected to be adopted in the 48th GST Council Meeting which is to be scheduled on December 17, 2022.

The tribunals, which consist of a president, two judicial members, one technical member from the Center and one from the State, will consider appeals against decisions made by commissioners or appellate authorities.

Refer: ICAI Request to include Chartered Accountants as Technical Member of GST Appellate Tribunal

As per sources, the GoM report proposed single member bench is possibly to be authorised to hear cases of tax dispute below Rs.50 lakh and double member bench for the cases involving amount more than Rs.50 lakhs.

The sources continued, “The government is hoping to establish these tribunals, which are likely to be dispersed throughout India, in the next three months so that the litigation in multiple courts gets combined at one place.”

Earlier, there were reports that the Central Government had finally agreed to create the appellate GST tribunal by the end of the following year after a long five years since the adoption of the GST Act.

Also, Refer: GST Tribunal likely to be Set by December Next Year

According to sources, the Center plans to establish GSTATs (Goods and Services Tax Appellate Tribunals) across the nation by December of next year, with the central Bench in New Delhi, to swiftly resolve tax-related disputes, enhance business accessibility, and increase tax collections.

Recently Gujarat High Court has sought reasons for the non-formation of the GST Council. Also Refer: Steps taken for formulation of GST tribunal to be made known to the court: High court issues Notice to Government

The GST Council will ratify the final contours when it meets for the 48th time on December 17 virtually.