Question 20 - Bring out the differences in appeal (to Tribunal) provisions under CGST & SGST? - FAQ on GST dated 21.9.2016 based on Draft Model GST

Q 20. Bring out the differences in appeal (to Tribunal) provisions under CGST SGST? (i) The provisions under Section 82 of SGST Act for appeal by any person aggrieved by the order or decision passed against him by First Appellate Authority are essentially similar to provisions contained in Section 82 of CGST Act and discussions made therein are equally applicable to section 82 of SGST as well. (ii) In addition to the above the provision of Section 82 of SGST Act also covers an appeal to be filed to Appellate Tribunal against the revisionary order passed by Commissioner. (iii) However the provisions relating to appeal by the revenue against the order of first appellate authority as CGST Act is not provided in SGST Act since the revisionary powers (against the orders passed by the FAA, who in the states is likely to be subordinate to the Commissioner) is provided to Commissioner to SGST. (iv) In addition, the person aggrieved under SGST Act has to pre-deposit full deposit of admitted tax, interest, fine, fee and penalty arising from the impugned order.