VP Jain & Co.Tax consultants and GST practitioners

Appeals

Challenge an order with a properly prepared appeal and grounds.

About Appeals

If an order is passed against you and you disagree, the law gives you the right to appeal. Time limits are strict. A GST appeal goes to the first appellate authority within three months of the order (a further month can be allowed in some cases), and a pre-deposit of a part of the disputed tax is required. An income tax appeal against an assessment order generally goes to the Commissioner (Appeals) within 30 days of receiving the order. Further appeals go to the tribunals.

A good appeal states clear grounds, attaches all evidence that was not accepted earlier and cites the law and decisions that support you. We prepare the appeal and grounds and file them on time. If your case needs representation by an advocate or a Chartered Accountant, we coordinate it.

Who needs it

  • Taxpayers with an adverse GST or income tax order
  • Taxpayers with a demand they believe is wrong
  • Those who missed replying earlier and received an ex parte order

Documents required

What we need

  • Copy of the order and the notice that led to it
  • All replies, hearing records and documents submitted earlier
  • Proof of tax or pre-deposit paid, where required
  • Fresh evidence or workings that support your case
  • Authorisation and identity documents
Exact requirements can vary with your case and the authority. We confirm the final list when you contact us, so you collect everything once.

How we do it

  1. Check time and forumWe confirm the deadline and the correct appellate authority.
  2. Study the orderWe identify errors in facts and law.
  3. Draft the appealWe prepare the grounds, statement of facts and annexures.
  4. File and followWe file the appeal, pay the pre-deposit if needed, and track hearings.

Time it takes

Appeals must be filed within the legal time limit. Send the order as soon as you get it.

Frequently asked questions

What is the pre-deposit for a GST appeal?

Generally 10% of the disputed tax, subject to a cap, along with the admitted amount. The exact amount depends on the order.

Can the time limit be extended?

Only for a limited period and with a good reason. Do not rely on it.

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