Articles 29th Jun 2026
We are pleased to share that our Partner, Supreme Kothari, and Principal Associate, Mallows Priscilla P., have co-authored an article titled ‘๐๐ฆ๐ง๐๐ง ๐ข๐ฝ๐ฒ๐ฟ๐ฎ๐๐ถ๐ผ๐ป๐ฎ๐น๐ถ๐๐ฒ๐ฑ: ๐๐ผ๐๐ฟ ๐๐ฟ๐ถ๐๐ถ๐ฐ๐ฎ๐น ๐ค๐๐ฒ๐๐๐ถ๐ผ๐ป๐ ๐๐ถ๐๐ถ๐ด๐ฎ๐ป๐๐ ๐ ๐๐๐ ๐ก๐ฎ๐๐ถ๐ด๐ฎ๐๐ฒ’, published on Taxsutra.
After nearly nine years of legislative changes, constitutional challenges and institutional delay, GSTAT has finally become operational. Its commencement, however, has surfaced a set of unresolved questions where statutory text, delegated legislation and practical implementation do not always move in harmony.
The article examines four critical issues arising from GSTATโs operationalisation: the unresolved limitation framework governing departmental appeals under Section 112(3) of the CGST Act and the doctrine of impossibility as a potential safeguard; the conflict between provisional and final acknowledgements under Rule 110(4) of the CGST Rules and its implications for maintainability; the computation of the mandatory pre-deposit where the first appellate authority has reduced the original demand; and the evolving and contested position on penalty-only appeals before GSTAT.
The authors conclude with a practitionerโs note of caution: until these issues are authoritatively settled by GSTAT or higher courts, litigants should adopt a cautious approach and avoid positions that could jeopardise the maintainability of their appeals.
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