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File a GST Appeal Form APL-01

A GST appeal is filed in Form APL-01 before the Appellate Authority under section 107, within 3 months of the order being communicated to you, plus 1 month if there was good reason for the delay. Before filing, you pay the admitted amount in full and 10% of the remaining tax in dispute (at most ₹20 crore), and once that is paid, recovery of the balance is deemed stayed. We prepare the grounds and papers and file as your authorised representative; a CA or advocate reviews matters needing legal representation, and hearings go to a partner.

What a first appeal is

An appeal asks a senior officer, the Appellate Authority, to look again at an order passed by an adjudicating authority (section 107(1)). It is the step after an order, not a reply: a show-cause notice has no appeal because it is not yet an order. Rule 109A names the authority: the Commissioner (Appeals) where the order was passed by an Additional or Joint Commissioner, and an officer not below Joint Commissioner (Appeals) where it was passed by a Deputy or Assistant Commissioner or a Superintendent.

Which orders can be appealed

What you have, Appeal under section 107?, Note

  • Adjudication or demand order (summary DRC-07): Yes
  • Refund rejection order (RFD-06): Yes
  • Registration cancellation order (REG-19): Yes
  • Detention or confiscation of goods (sections 129 and 130): Yes
  • A show-cause notice, DRC-01A or a scrutiny notice: No, these are not orders
  • An order of the Appellate Authority: Not to the same authority

What you pay before you can appeal

The 10% is on the tax in dispute; disputed interest, fine and penalty need no pre-deposit unless the order is penalty-only. Once it is paid, recovery of the balance is deemed stayed (section 107(7)). The Finance Act 2025 replaced the earlier 25% pre-deposit for a penalty under section 129(3). Which electronic ledger may be used has been litigated, so we confirm before payment. We never estimate the amount here.

  • First appeal (section 107): The tax, interest, fine, fee and penalty you admit, in full, plus 10% of the remaining tax in dispute, at most
  • Order demanding only a penalty: 10% of the penalty (Finance Act 2025, in force from 1 October 2025). Whether this reaches notices issued
  • Second appeal (section 112), a pointer: The amount above, plus a further 10% of the remaining tax in dispute, at most ₹20 crore.

Work out your appeal dates

These are estimates from the date you enter. The date the order was communicated to you is the one that counts.

How we prepare and file the appeal

Documents for the appeal

Fresh evidence can be offered, and a ground left out of the appeal can be added at the hearing only if the omission was not wilful or unreasonable (section 107(10)). Account numbers on statements may be masked.

  • The order appealed against (summary DRC-07 and the full order)
  • The show-cause notice and the reply you filed
  • Authorisation to represent you and to access the portal, shared on a live session
  • Earlier correspondence and hearing notes

The APL forms

Form, What it is, Rule

  • APL-01: Your appeal to the Appellate Authority, with grounds and verification
  • APL-02: Final acknowledgement with the appeal number
  • APL-03: Application by an officer after the Commissioner reviews an order
  • APL-04: Order of the Appellate Authority
  • APL-05: Second appeal to the Appellate Tribunal

What happens after you file

Hearing: The Appellate Authority must give you a hearing and can adjourn it for sufficient cause, but not more than 3 times (section 107(8), (9)).

  • Hearing
  • New grounds
  • The decision
  • How long it takes
  • Recovery
  • If it goes against you

If the first appeal goes against you

A second appeal lies to the GST Appellate Tribunal in Form APL-05 (section 112), within 3 months of the Appellate Authority's order being communicated, or the date the Government notifies, whichever is later. The Tribunal may admit it up to 3 months late for sufficient cause. You pay the amount under section 107 and a further 10% of the remaining tax in dispute, at most ₹20 crore, and recovery of the balance is then deemed stayed.

What we do and what a CA or advocate does

StampMitra / A CA or advocate partner / Not promised

  • StampMitra
  • A CA or advocate partner
  • Not promised

Fees: shown for your route

Government fee: the Act prescribes none for the first appeal. The admitted amount and the pre-deposit are paid to the government and are not our fee. We confirm the exact amounts before filing.

  • Appeal grounds and papers: ₹1,499 + GST
  • Detention, confiscation or a large amount: ₹10,000 + GST

How it works

  1. Check the order and its date Appeal within 3 months of the order being communicated.
  2. Pay the admitted amount and the pre-deposit The admitted amount in full and 10% of the remaining tax in dispute.
  3. File Form APL-01 On the GST portal with the grounds, verification and documents.
  4. Collect the acknowledgement APL-02 The appeal counts as filed when the final acknowledgement is issued.

Frequently asked questions

Who can appeal, and against what?

Any person aggrieved by a decision or order passed by an adjudicating authority (section 107(1)). A show-cause notice is not an order, so you reply to it instead. The order itself is what you appeal.

How long do I have to appeal?

3 months from the date the order is communicated to you. The Appellate Authority can allow 1 more month if you show sufficient cause (section 107(4)). There is no longer extension in the Act.

What is the pre-deposit, and do I pay the whole demand?

No. You pay in full the part of the tax, interest, fine, fee and penalty that you admit, plus 10% of the remaining tax in dispute (section 107(6)). The rest of the demand stays in dispute.

Is there a maximum for the pre-deposit?

Yes. Under the CGST Act the 10% is capped at ₹20 crore (it was ₹25 crore until 31 October 2024). The State Act and integrated tax have their own limits, which we confirm for your order.

Does an appeal stop recovery?

Once you have paid the admitted amount and the pre-deposit, recovery of the balance is deemed stayed (section 107(7)). Without that, the officer can recover under section 79 once the three months to pay under section 78 are over, or sooner if he records reasons.

Which authority hears my appeal?

Rule 109A: the Commissioner (Appeals) where the order was passed by an Additional or Joint Commissioner, and an officer not below Joint Commissioner (Appeals) where a Deputy or Assistant Commissioner or a Superintendent passed it.

What if more than 4 months have passed?

The Act lets the Appellate Authority admit an appeal only up to 1 month after the 3 months. Other remedies depend on the facts and need a CA or advocate. Tell us anyway and we say so before you pay.

Can I add a ground later?

At the hearing, the Appellate Authority may allow a ground you left out if it is satisfied the omission was not wilful or unreasonable (section 107(10)). It is better to put every ground in the appeal.

Can the appeal make my position worse?

The Appellate Authority can confirm, modify or annul the order. An order that raises a fee, fine or penalty, or reduces a refund or credit, cannot be passed unless you are first given a reasonable chance to show cause (section 107(11)).

How long will the decision take?

The law asks the Appellate Authority to decide within 1 year of filing where it is possible (section 107(13)). We cannot promise a date or an outcome.

My registration was cancelled. Appeal or revocation?

Both exist. An appeal against the cancellation order (REG-19) lies within 3 months; revocation is a separate application with its own time limit. Check the revocation page first, and an expert helps you choose.

Is there a second appeal?

Yes, to the GST Appellate Tribunal in Form APL-05 under section 112, with a further pre-deposit. It is argued before the Tribunal, so a partner CA or advocate handles it.

Is StampMitra the GST department or a law firm?

No. StampMitra is a filing assistance platform. We prepare the grounds and papers and file as your authorised representative, and a CA or advocate reviews matters needing legal representation.