Question 2 - When Commissioner of CGST feels that the order passed is not legal and proper, whether he can revise the order himself? - FAQ on GST dated 21.9.2016 based on Draft Model GST

Q 2. When Commissioner of CGST feels that the order passed is not legal and proper, whether he can revise the order himself ?. Ans. No. The Commissioner of CGST cannot revise the order. In the model law, for CGST and SGST, there are different provisions in this regard. For CGST, as per Section 79(2), the Commissioner of CGST if he finds an order or decision (passed by an adjudicating authority) to be not legal or proper, can pass an order setting out the points for determination where he is of the view that the order is not legal and proper and directing a GST officer sub-ordinate to him to file an application to First Appellate Authority (FAA). Such application is then treated by the FAA as if it were an appeal.