New
Published on:
March 21, 2023
By
Pranjal Gupta

Representation for one-time relaxation in time limit for filing of GST appeal

If you are seeking a one-time relaxation in the time limit for filing a GST appeal, you will need to make a representation to the GST authorities explaining the reasons for the delay and requesting for an extension of time. The GST authorities may consider granting an extension of time on a case-by-case basis, depending on the circumstances of the case.

To make a representation for one-time relaxation in time limit for filing of GST appeal, you can follow the below steps:

1. Prepare a written request explaining the reasons for the delay in filing the appeal and the circumstances that led to the delay. You should clearly mention the date of the original order, the date of receipt of the order, and the date when the appeal should have been filed as per the GST law.

2. Gather any supporting documents that can substantiate the reasons for the delay, such as medical certificates, proof of natural calamities, or other relevant documents.

3. Submit the request along with the supporting documents to the jurisdictional GST officer who issued the original order.

4. The GST officer will examine the request and may grant an extension of time if satisfied with the reasons provided in the representation.

It is important to note that the GST authorities may only grant a one-time relaxation in the time limit for filing a GST appeal in exceptional cases, and the decision to grant such a relaxation is entirely at their discretion. Hence, it is advisable to file the appeal within the prescribed time limit to avoid any inconvenience and penalties.

The time limit for filing a GST appeal

The time limit for filing a GST appeal depends on the type of appeal and the forum where it is being filed.

The time limit for filing an appeal against an order issued by a GST officer is 3 months from the date of receipt of the order.

The time limit for filing an appeal against an order issued by the Appellate Authority is 1 month from the date of receipt of the order.

The time limit for filing an appeal against an order issued by the Appellate Tribunal is 3 months from the date of receipt of the order.

It is important to note that these time limits are strict and cannot be extended except in exceptional circumstances, such as natural calamities or technical glitches on the GST portal. If a taxpayer fails to file an appeal within the prescribed time limit, they may be liable to pay penalties and may lose their right to appeal.

Circumstances in which a one-time relaxation in the time limit for filing a GST appeal can be granted

A one-time relaxation in the time limit for filing a GST appeal can be granted in exceptional circumstances, such as:

1. Illness of the taxpayer or his family member: If a taxpayer or his family member suffers from an illness or medical emergency, it may be considered as a valid reason for seeking a one-time relaxation in the time limit for filing a GST appeal.

2. Natural calamities: In case of natural disasters such as floods, earthquakes, or other emergencies, the GST authorities may consider granting an extension of time for filing an appeal.

3. Technical glitches in the GST portal: If a taxpayer is unable to file an appeal due to technical issues with the GST portal or other related systems, it may be a valid reason for seeking a relaxation in the time limit.

4. Delay in receipt of the order: If a taxpayer did not receive the order within the stipulated time, they may request a relaxation in the time limit for filing an appeal.

5. Any other unforeseen circumstance which prevented the taxpayer from filing the appeal within the prescribed time limit: In exceptional circumstances where the taxpayer is unable to file the appeal within the prescribed time limit due to reasons beyond their control, they may request a one-time relaxation in the time limit.

It is important to note that a one-time relaxation in the time limit for filing a GST appeal is granted on a case-to-case basis and is at the discretion of the GST authorities.

Representation for one-time relaxation in time limit for filing of GST appeal FAQs

Q1. What is the time limit for filing a GST appeal?

A: The time limit for filing a GST appeal depends on the type of appeal and the forum where it is being filed. The time limit for filing an appeal against an order issued by a GST officer is 3 months from the date of receipt of the order. The time limit for filing an appeal against an order issued by the Appellate Authority is 1 month from the date of receipt of the order. The time limit for filing an appeal against an order issued by the Appellate Tribunal is 3 months from the date of receipt of the order.

Q2. What is a one-time relaxation in the time limit for filing a GST appeal?

A: A one-time relaxation in the time limit for filing a GST appeal is a provision that allows a taxpayer to file an appeal beyond the prescribed time limit, in exceptional circumstances. The GST authorities may consider granting an extension of time on a case-by-case basis, depending on the circumstances of the case.

Q3. What are the circumstances in which a one-time relaxation in the time limit for filing a GST appeal can be granted?

A: A one-time relaxation in the time limit for filing a GST appeal can be granted in exceptional circumstances, such as:

  • Illness of the taxpayer or his family member
  • Natural calamities
  • Technical glitches in the GST portal
  • Recovery under GST without issuance of SCN is not permissible

Suggestions:


Furnishing of correct ineligible ITC & reversal: Form GSTR-3B
Special Allowance in India – Taxation & Calculation

Updated on:
March 16, 2024