#gstat

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Case Details Case Title: Amit Kashyap vs. Principal Secretary & Ors. Court: High Court of Himachal Pradesh Petition No.: CWP No. 15550/2024 & CMP No. 24883/2024 Date of Judgment/Order: 18.12.2024 Relevant Section: Section 110(1)(d), CGST Act, 2017 (Qualifications of Technical Member – State) Category of Dispute: GSTAT Eligibility / Relaxation of Qualification Norms Facts (Paras…

Case Summary Case Title: Amit Kashyap v. Principal Secretary, State Taxes and Excise, Govt. of H.P. & Ors.Court: High Court of Himachal Pradesh, ShimlaPetition No.: CWP No. 15550 of 2024Date of Judgement: 03.04.2025 (Reserved on 02.04.2025)Category of Dispute: Eligibility criteria for appointment of Technical Member (State), GSTATRelevant Section: Section 110(1)(d) of the CGST Act, 2017 Facts…

The Goods and Services Tax Appellate Tribunal (GSTAT) is close to operationalization and should begin operations by the end of current financial year, according to Revenue Secretary Sanjay Malhotra’s  statement. The GSTAT was established to settle disputes pertaining to GST. Concerns have been raised regarding the GST Appellate Tribunal’s operationalization. “I want to reassure you that the GSTAT…

While legal experts commended the appointment of the first president of the GST Appellate Tribunal (GSTAT), they opined that the government needs to also expedite the appointment of judicial and technical members to operationalise the Appellate Tribunal.  The government, on May 6 appointed Justice (retd) Sanjaya Kumar Mishra as president of the GSTAT. An expert said, “This is certainly a welcome…

During the winter session of Parliament, the government intends to amend the CGST Act to permit advocates with prior litigation experience to be appointed as judicial members in the benches of the GST appellate tribunal. The maximum age of the GST Appellate Tribunal’s president and members will rise as a result of the revisions, according to officials from the finance ministry (GSTAT). By doing…

The Goods and Services Tax Appellate Tribunal (GSTAT) plays a critical role in resolving disputes related to GST. However, the non-constitution of GSTAT in certain states has been a matter of concern for taxpayers. Recently, the Orissa High Court made a significant ruling regarding this issue, directing the payment of the entire tax demand despite the absence of a functional GSTAT. This blog delves into the implications of the Orissa HC's decision and the broader implications of the non-constitution of GSTAT.

Understanding the Role of GSTAT:

GSTAT is an essential institution under the Goods and Services Tax (GST) framework in India. It serves as an appellate authority to adjudicate appeals against orders passed by the Appellate Authorities or the Revisional Authorities. GSTAT provides taxpayers with a platform to challenge decisions concerning tax liability, input tax credit, and other GST-related matters.