Section 109 of GST – Constitution of Appellate Tribunal

Section 109 of GST – Constitution of Appellate Tribunal and Benches thereof. In this GST Section you may find Complete details for Constitution of Appellate Tribunal and Benches thereof as per GST Act 2017. Detailed Analysis of GST Section 109 of GST Act 2017. 

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Section 109 of GST – Constitution of Appellate Tribunal and Benches thereof

Statutory Provisions

(1) The Government shall, on the recommendations of the Council, by notification, constitute with effect from such date as may be specified therein, an Appellate Tribunal known as the Goods and Services Tax Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority.

(2) The powers of the Appellate Tribunal shall be exercisable by the National Bench and Benches thereof (hereinafter in this Chapter referred to as “Regional Benches”), State Bench and Benches thereof (hereafter in this Chapter referred to as “Area Benches”).

(3) The National Bench of the Appellate Tribunal shall be situated at New Delhi which shall be presided over by the President and shall consist of one Technical Member (Centre) and one Technical Member (State).

(4) The Government shall, on the recommendations of the Council, by notification, constitute such number of Regional Benches as may be required and such Regional Benches shall consist of a Judicial Member, one Technical Member (Centre) and one Technical Member (State).

(5) The National Bench or Regional Benches of the Appellate Tribunal shall have jurisdiction to hear appeals against the orders passed by the Appellate Authority or the Revisional Authority in the cases where one of the issues involved relates to the place of supply..

(6) The Government shall, by notification, specify for each State or Union territory, a Bench of the Appellate Tribunal (hereafter in this Chapter, referred to as “State Bench”) for exercising the powers of the Appellate Tribunal within the concerned State or Union territory:

Provided that the Government shall, on receipt of a request from any State Government, constitute such number of Area Benches in that State, as may be recommended by the Council:

Provided further that the Government may, on receipt of a request from any State, or on its own motion for a Union territory, notify the Appellate Tribunal in a State to act as the Appellate Tribunal for any other State or Union territory, as may be recommended by the Council, subject to such terms and conditions as may be prescribed.

(7) The State Bench or Area Benches shall have jurisdiction to hear appeals against the orders passed by the Appellate Authority or the Revisional Authority in the cases involving matters other than those referred to in sub-section (5).

(8) The President and the State President shall, by general or special order, distribute the business or transfer cases among Regional Benches or, as the case may be, Area Benches in a State.

(9) Each State Bench and Area Benches of the Appellate Tribunal shall consist of a Judicial Member, one Technical Member (Centre) and one Technical Member (State) and the State Government may designate the senior most Judicial Member in a State as the State President.

(10) In the absence of a Member in any Bench due to vacancy or otherwise, any appeal may, with the approval of the President or, as the case may be, the State President, be heard by a Bench of two Members:

Provided that any appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined in any order appealed against, does not exceed five lakh rupees and which does not involve any question of law may, with the approval of the President and subject to such conditions as may be prescribed on the recommendations of the Council, be heard by a Bench consisting of a single Member.

(11) If the Members of the National Bench, Regional Benches, State Bench or Area Benches differ in opinion on any point or points, it shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and the case shall be referred by the President or, as the case may be, State President for hearing on such point or points to one or more of the other Members of the National Bench, Regional Benches, State Bench or Area Benches and such point or points shall be decided according to the opinion of the majority of Members who have heard the case, including those who first heard it.
(12) The Government, in consultation with the President may, for the administrative convenience,   transfer—

• (a) any Judicial Member or a Member Technical (State) from one Bench to another Bench, whether National or Regional; or
• (b) any Member Technical (Centre) from one Bench to another Bench, whether National, Regional, State or Area.

(13) The State Government, in consultation with the State President may, for the administrative convenience, transfer a Judicial Member or a Member Technical (State) from one Bench to another Bench within the State.

(14) No act or proceedings of the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Appellate Tribunal.

Related provisions of the Statute

Analysis and Updates

Introduction

(a) This section pertains to constitution of GST Appellate Tribunal

Analysis

• (a) Based on the recommendation of the Council and by Notification, the Central Government shall constitute Goods & Service Tax Appellate Tribunal (GSTAT) for hearing appeals against the orders passed by the Appellate Authority or Revisional Authority.
• (b) The powers of the Appellate Tribunal shall be exercisable by the National Bench or Regional Benches, State Bench and Area Benches.
• (c) The National Bench shall be situated at New Delhi which shall be presided over by the President, one Technical Member (Centre) and one Technical Member (State).
• (d) The Regional Benches shall consist of a Judicial Member, one Technical Member (Centre) and one Technical Member (State).
• (e) The National Bench or Regional Benches shall hear the appeals only where one of the issues involved relates to the place of supply.
• (f) The State Bench or Area Benches shall hear the appeals involving matters other than matters covering place of supply.
• (g) The President and the State President shall by general or special order distribute the business or transfer cases among Regional Benches or Area Benches in a State.
• (h) The State Bench and Area Branch of the Appellate Tribunal shall consist of a judicial member, one technical member (centre) and one technical member (state) and the state government may designate the senior most judicial member in a state as the State president.
• (i) In the absence of a member of any bench due to vacancy or otherwise, any appeal with the approval of President or State President be heard by a bench of two members.
• (j) Any matter (other than matter involving question of law) involving tax, input tax credit, fine, fee or penalty determined in any order appealed against, not exceeding `5 Lakhs may be heard by single member bench.
• (k) No act or proceedings of the Appellate Tribunal shall be questioned or shall be invalid merely only on the ground of the existence of any vacancy or defect in the constitution of Appellate Tribunal.

Related provisions

(i) Section 2(9) defines “Appellate Tribunal”
(ii) Section 2(36) defines “Council”

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