The Union Finance Minister Nirmala Sitaraman presided over the 50th meeting of the GST Council on 11th July 2023 at Vigyan Bhawan in New Delhi including Revenue Secretary, CBIC chairman said that the Goods and Service Tax Appellate Tribunal will be introduced and the amendment would be notified before 1st August. Therefore, the same could be brought into operation at the earliest.
Further, the council has recommended the Chief Secretary of Maharashtra to be nominated as one of the members of the Search cum selection committee as per Section 110(4)(b)(iii) of Central Goods and Services Tax Act 2017. Regarding the number of State Benches, it was decided to start them in a phase wise manner.
The Council has recommended the Rules governing appointment and conditions of President and Members of the proposed GST Appellate Tribunal for enabling smooth constitution and functioning of GST Appellate Tribunal.
Due to delay in setting up of cases the tax payers and industry are pleading for setting up of the tribunal for speedy trial of cases. Thus, Finance bill 2023 proposed the amendment of GSTAT. Which was presented before the Lok sabha. It was the first common forum for dispute resolution between center and state.
Goods And Service Tax Appellate Tribunal is the forum of second appeal in GST laws and the first common forum of dispute resolution between Center and State
The Chapter XVII of the CGST Act provides for the appeal and review mechanism for dispute resolution under the GST Regime.
Before the amendment the supreme court, the benches of justice DY Chandrachud and Hima Kohli Seeking the Central government to establish a GST appellate tribunal on urgent basis for reducing the bench petitions filed before them.
Subsequently the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules, 2023: The Council has recommended the Rules governing appointment and conditions of President and Members of the proposed GST Appellate Tribunal for enabling smooth constitution and functioning of GST Appellate Tribunal.
The amendment will soon reduce pending litigations related to GST cases.
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