9911796707
TMI BlogReduction of Government Litigation - fixing monetary limits for filing appeals or applications by the Department before GSTAT, High Courts and Supreme CourtX X X X Extracts X X X X X X X X Extracts X X X X ..... pending cases. It underscores the importance of prudent litigation practices by establishing thresholds for filing appeals in Revenue matters. Specifically, the Policy mandates that appeals should not be pursued when the amount involved is below a specified monetary limit set by Revenue authorities. Furthermore, it discourages filing appeals in cases where established precedents from Tribunals and High Courts have settled the matter and have not been contested in the Supreme Court. 1.1 Section 120 of the Haryana Goods and Services Tax Act, 2017 (hereinafter referred as the HGST Act ) provides for power to the Commissioner for fixing the monetary limits for filing of appeal or application by the tax authorities as below: 120. Appeal not to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the HGST Act, the Commissioner, on the recommendations of the GST Council, fixes the following monetary limits below which appeal or application or Special Leave Petition, as the case may be, shall not be filed by the State Tax officers before Goods and Service Tax Appellate Tribunal (GSTAT), High Court and Supreme Court under the provisions of HGST Act, subject to the exclusions mentioned in para 4 below: Appellate Forum Monetary Limit (amount involved in Rs.) GSTAT 20,00,000/- High Court 1,00,00,000/- Supreme Court 2,00,00,000/- 3. While determining whether a case falls within the above monetary limits or not, the following principles are to be considered: i. Where the dispute pertains to demand of tax (with or without penalty and/or i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e may be, and not on the amount involved in individual appeal or demand notice. 4. EXCLUSIONS Monetary limits specified above for filing appeal or application by the department before GSTAT or High Court and for filing Special Leave Petition or appeal before the Supreme Court shall be applicable in all cases, except in the following circumstances where the decision to file appeal shall be taken on merits irrespective of the said monetary limits: i. Where any provision of the CGST Act or SGST/UTGST Act or IGST Act or GST (Compensation to States) Act has been held to be ultra vires to the Constitution of India; or ii. Where any Rules or regulations made under CGST Act or SGST/UTGST Act or IGST Act or GST (Compensation to States) Act have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ursuance of these instructions, such cases shall not have any precedent value. In such cases, the Reviewing Authorities shall specifically record that even though the decision is not acceptable, appeal is not being filed as the amount involved is less than the monetary limit fixed by the Commissioner. 6.1 Non-filing of appeal based on the above monetary limits, shall not preclude the tax officer from filing appeal or application in any other case involving the same or similar issues in which the tax in dispute exceeds the monetary limit or case involving the questions of law. 6.2 Further, it is re-iterated that in such cases where appeal is not filed solely on the basis of the above monetary limits, there will be no presumption that the Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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