Appeal allowed where pre-deposit made through Form GST DRC-03 due to technical glitch


Quick Summary
The Andhra Pradesh High Court has allowed an appeal where the pre-deposit for filing was made using Form GST DRC-03 instead of the prescribed Form APL-01. This was due to a technical glitch. The court set aside the rejection order and sent the case back for further consideration, including condonation of delay.

Court :
Andhra Pradesh High Court

Brief :
The Hon'ble Andhra Pradesh High Court in the case of Manjunatha Oil Mill v. Assistant Commissioner (ST) [W.P. No. 2153 of 2024 dated February 2, 2024] set aside the Impugned Rejection Order in case where the appeal filed was rejected on the ground that, pre-deposit was made through Form GST DRC-03 instead of the required Form APL-01, due to technical glitch.

Citation :
W.P. No. 2153 of 2024 dated February 2, 2024

The Hon'ble Andhra Pradesh High Court in the case of Manjunatha Oil Mill v. Assistant Commissioner (ST) [W.P. No. 2153 of 2024 dated February 2, 2024] set aside the Impugned Rejection Order in case where the appeal filed was rejected on the ground that, pre-deposit was made through Form GST DRC-03 instead of the required Form APL-01, due to technical glitch.

Facts

Manjunatha Oil Mill ("the Petitioner") aggrieved by the rejection of appeals filed against the assessment orders passed by the Revenue Department ("the Respondent"),  filed a writ petition, on the ground that, the pre-deposit was made through Form GST DRC-03 instead of the required Form APL-01 due to technical glitch, therefore, the Respondent is not empowered to consider the amount paid through Form GST DRC-03 as 10 percent pre-deposit for filing of appeal. 

Held

The Hon'ble Andhra Pradesh High Court in the case of W.P. No. 2153 of 2024 dated February 02, 2024, set aside the appeal rejection order and remanded back the matter to the Respondent for further consideration on factual aspects and condonation of delay. 

Relevant Provision

Section 107(6) of the CGST Act

"(6) No appeal shall be filed under sub-section (1), unless the appellant has paid-

(a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and

(b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order subject to a maximum of twenty-five crore rupees, in relation to which the appeal has been filed.

Provided that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five per cent. of the penalty has been paid by the appellant."
 

FAQ :

The appeal was rejected because the pre-deposit was made using Form GST DRC-03, rather than the required Form APL-01, due to a technical glitch.

The Hon'ble Andhra Pradesh High Court ruled on this matter.

The High Court set aside the order that rejected the appeal and remanded the case back to the respondent for further factual consideration and to decide on condoning the delay.

Generally, pre-deposit for appeals should be made via Form APL-01. However, in this specific case, the court accepted Form GST DRC-03 due to a technical glitch.

Section 107(6) of the CGST Act outlines the requirements for pre-deposit, specifying payment of admitted tax, interest, etc., and 10% of the remaining disputed tax.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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