Articles 29th Jun 2026

GSTAT Operationalised: Four Critical Question Litigants Must Navigate

Authors

Supreme KothariPartner | Mumbai
Mallows Priscilla P
Mallows Priscilla PPrincipal Associate | Chennai

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We are pleased to share that our Partner, Supreme Kothari, and Principal Associate, Mallows Priscilla P., have co-authored an article titled ‘๐—š๐—ฆ๐—ง๐—”๐—ง ๐—ข๐—ฝ๐—ฒ๐—ฟ๐—ฎ๐˜๐—ถ๐—ผ๐—ป๐—ฎ๐—น๐—ถ๐˜€๐—ฒ๐—ฑ: ๐—™๐—ผ๐˜‚๐—ฟ ๐—–๐—ฟ๐—ถ๐˜๐—ถ๐—ฐ๐—ฎ๐—น ๐—ค๐˜‚๐—ฒ๐˜€๐˜๐—ถ๐—ผ๐—ป๐˜€ ๐—Ÿ๐—ถ๐˜๐—ถ๐—ด๐—ฎ๐—ป๐˜๐˜€ ๐— ๐˜‚๐˜€๐˜ ๐—ก๐—ฎ๐˜ƒ๐—ถ๐—ด๐—ฎ๐˜๐—ฒ’, 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 GSTATโ€™s 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 practitionerโ€™s 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.

Read the article here

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