For an Indian GST first appeal against an adjudicating authority’s demand order, the core filing is FORM GST APL-01. Before submitting it, assemble the complete order and communication proof, calculate admitted and disputed amounts, pay the applicable first-appeal pre-deposit, prepare facts and grounds, index your evidence, and preserve the portal acknowledgements. The official GST portal describes a three-month period from communication of the order, while CBIC Rule 108 adds a seven-day order-copy and final-acknowledgement sequence. Check the current portal instructions and law on the day you file.
What a GST first-appeal file must contain
This checklist applies to an appeal in India under section 107 against an order passed by a GST adjudicating authority. It is not a decision on the limitation, merits or documents required in a particular dispute. The official sources are the GST portal appeal FAQ, CBIC Appeal Rules and FORM GST APL-01 in the CGST Rules forms PDF.
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Keep one indexed electronic folder and, if required, a paper set. Name every file consistently and make sure figures in the order, payment challan, APL-01 and written grounds agree.
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- Complete demand or adjudication order, including every annexure and relied-upon schedule.
- Proof of the date the order was communicated, such as the portal record or other official delivery record.
- FORM GST APL-01 data and signed verification.
- Payment evidence for the required pre-deposit and any amount admitted.
- Statement of facts, grounds of appeal and prayer.
- Documents already submitted during adjudication, arranged by issue.
- An explanation and application for any proposed additional evidence.
- Proof of order-copy submission and both provisional and final acknowledgements, including APL-02 when issued.
1. Identify the order and calculate the filing window
Record every order detail
Take the particulars directly from the challenged decision. APL-01 asks for the order number and date, the designation and address of the officer who passed it, and the date on which it was communicated. Also record the GSTIN, temporary ID or UIN, legal name, trade name and address exactly as they appear in the registration and order.
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Save the original electronic file rather than relying on a screenshot. If the order has annexures, notices, or a calculation sheet, include them in the same indexed set; a ground that challenges a calculation cannot be checked without the underlying schedule.
Use the communication date, not an assumed date
The portal FAQ states that an aggrieved taxpayer or unregistered person may appeal within three months from communication of the order. Count from the actual communication record and verify the current statutory text for holidays, extensions, condonation or any case-specific limitation issue. The FAQ does not resolve every limitation question.
Create a one-line limitation record in your file: “Order communicated: [date]; ordinary three-month date: [date]; filing completed: [date].” Put the real dates in the document rather than relying on a calendar reminder.
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2. Use the GST portal’s appeal route
The FAQ describes this navigation: Services > User Services > My Applications, choose Application Type: Appeal to Appellate Authority, select New Application, and choose Demand Order as the order type. Portal labels can change, so confirm the live path before filing.
- Sign in using the appellant’s GST credentials and open the appeal application route.
- Select the demand-order category and enter the order and communication particulars.
- Complete the APL-01 fields described below, attach documents in the permitted formats and review every amount.
- Pay or link the applicable pre-deposit before submission.
- Authenticate with the permitted DSC or EVC method, submit, and download the provisional acknowledgement.
- Complete the order-copy step within seven days and retain proof until the final APL-02 acknowledgement and appeal number are available.
3. Complete FORM GST APL-01 without inconsistent figures
APL-01 is not only a cover sheet. It captures the facts the appellate authority will use to identify the dispute and the relief requested. Prepare a calculation schedule before typing into the portal.
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Identity, representation and issue fields
- GSTIN, temporary ID or UIN.
- Legal name, trade name and address.
- Authorised representative details, if one is appointed.
- A brief description of the issue.
- Description and classification of the goods or services involved.
- The tax period or other dispute period.
Order and demand fields
- Order number and date.
- Officer’s designation and address.
- Date of communication.
- Amount under dispute, separated by tax heads and categories such as tax or cess, interest, penalty, fees and other charges.
- Demand amounts created, admitted and disputed.
Reconcile the schedule to the order line by line. “Admitted” means the amount you are not challenging in the appeal; “disputed” is the amount for which relief is sought. Do not put the entire demand into the disputed column merely because an appeal is being filed.
Hearing and written submissions
The form asks whether the appellant wants a personal hearing and provides separate spaces for the statement of facts, grounds of appeal and prayer. Make the hearing choice deliberately and retain a copy of the exact text submitted.
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Pre-deposit stated by the portal FAQ
The GST portal FAQ says: “Minimum of 10% of the disputed tax needs to be paid as pre-deposit (as per law) before filing an appeal.” It also notes that a lower percentage may be declared after approval from competent authorities. Treat 10% as the FAQ’s stated ordinary first-appeal figure, verify the current law and your calculation, and keep the payment reference with APL-01.
For an illustration only, if the disputed tax (not interest, penalty or fees) is ₹1,00,000, 10% is ₹10,000. Your actual base must come from the order and the applicable current rule; do not calculate the percentage on the entire demand unless the law requires that treatment.
Keep first appeal and tribunal rules separate
The APL-01 form records created, admitted and disputed demand. The surfaced CGST Act text also discusses a separate pre-deposit for an appeal to the Appellate Tribunal. That tribunal-stage figure is not the first-appeal requirement described by the portal FAQ. Do not carry a tribunal percentage into a section 107 APL-01 calculation; check the applicable stage and current provisions.
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5. Draft facts, grounds and prayer as separate documents
Statement of facts
Set out the chronology: relevant registration or transaction background, notices and replies, hearing events, the adjudicating officer’s findings, and the demand that remains. Use dates and paragraph references to the order. Separate undisputed procedural facts from matters you contest.
Grounds of appeal
Give each ground a number and identify the exact finding challenged. Point to the relevant paragraph, annexure or calculation in the order, then explain why the finding should be set aside or modified and identify the record supporting that ground. This organization is practical drafting guidance; APL-01 itself does not prescribe a detailed argument template.
Keep legal propositions, factual corrections and arithmetic objections distinct. If one ground concerns classification, identify the goods or services and period; if another concerns a penalty, identify the conduct and statutory basis relied upon in the order.
Prayer
State precisely what you want the appellate authority to do: for example, annul a specified demand, recompute an amount, remove interest or penalty to the extent legally available, or grant another relief supported by the grounds. Make the prayer match the disputed figures in APL-01.
6. Build an evidence index
Start with the material that was already before the adjudicating authority. An index makes it possible to connect each document to a ground and to show whether it was previously produced.
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| Index column | What to enter |
|---|---|
| Serial number | Unique reference used in the grounds, such as R-1 or R-2. |
| Document and date | Invoice, return, ledger, contract, correspondence, statement or other record, with its date. |
| Issue or ground | The numbered ground and finding that the document supports. |
| Lower-authority status | State whether it was filed or relied upon during adjudication. |
| File details | File name, page range and language or translation information where relevant. |
Cross-reference the index in the statement of facts and each ground. Check that scans are legible, complete and open correctly after upload.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.7. Understand the restriction on additional evidence
CBIC Rule 112 restricts additional oral or documentary evidence in an appeal. The rule lists circumstances such as refusal by the adjudicating authority to admit evidence that should have been admitted, sufficient cause that prevented earlier production, or lack of a sufficient opportunity to adduce relevant evidence.
If you rely on a new document, file a focused explanation identifying:
- what the document is and which ground it supports;
- why it was not produced earlier;
- which listed circumstance in Rule 112 is engaged; and
- how the other side can examine or rebut it.
The appellate authority must record written reasons for admitting additional evidence, and the other side must receive an opportunity to examine or rebut it. New evidence is therefore not automatically admissible merely because it is useful or was found after the order.
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What Rule 108 says
CBIC Rule 108 provides for filing APL-01 with relevant documents and says the certified copy of the order is to be submitted within seven days. It describes a final acknowledgement, APL-02, and states that the appeal is treated as filed when that final acknowledgement with an appeal number is issued.
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When the order was not uploaded
The portal FAQ describes an operational case in which the order is not uploaded: submit a self-certified copy within seven days. It says that a late submission makes the document-submission date the filing date, while a timely submission preserves the provisional acknowledgement date.
The FAQ and the rule page use different wording about the copy. Follow the current portal instruction and applicable rule for your case, submit promptly, and retain:
- the order file and self-certification or certification record;
- upload confirmation and date;
- the provisional acknowledgement;
- the final APL-02 acknowledgement and appeal number; and
- any portal error, help-desk or correspondence record.
9. Sign and authenticate correctly
The portal FAQ says an appeal can be filed through DSC or EVC and that DSC is mandatory for companies and LLPs. Rule 108 requires the grounds and verification in APL-01 to be signed in the prescribed manner, and the form contains a verification section.
Confirm the current authorization and authentication requirements for the appellant’s legal form. Ensure the person signing is authorized, the DSC is valid where required, and the final downloaded form contains the expected verification rather than an unsigned draft.
Procedural distinctions that prevent common mistakes
| Situation | What to do | Why it matters |
|---|---|---|
| First appeal versus tribunal appeal | Use the section 107 APL-01 process and verify its pre-deposit; do not import tribunal-stage figures. | Different appeal stages have different payment rules. |
| Order uploaded versus not uploaded | Follow the live portal instruction; where the FAQ’s scenario applies, submit the self-certified copy within seven days. | The submission date can affect the filing record. |
| Timely versus late copy submission | Upload promptly and keep the date proof. | The FAQ says late submission can make the document-submission date the filing date. |
| Evidence already on record versus new evidence | Index the existing record; explain any additional document under Rule 112. | Additional evidence requires a permitted circumstance and written reasons. |
| Admitted versus disputed tax | Reconcile both columns to the order and payment schedule. | The disputed-tax pre-deposit calculation depends on identifying the disputed tax correctly. |
Final pre-submission check
- Is the appeal within the ordinary three-month period calculated from communication, or is a limitation explanation needed?
- Do the order number, officer details and communication date match the order?
- Do created, admitted and disputed amounts reconcile by tax head?
- Was the stated first-appeal pre-deposit paid on the correct disputed-tax base?
- Are the statement of facts, numbered grounds and prayer consistent?
- Does every ground have a document reference or an explanation that the issue is legal or procedural?
- Is every proposed new document accompanied by a Rule 112 explanation?
- Are the order copy, upload proof, provisional acknowledgement and APL-02 saved?
- Was the correct DSC or EVC and authorized signatory used?
Because portal labels, instructions and applicable provisions can change, check the live GST portal and current statutory text immediately before submission. Keep the complete filed package and acknowledgement trail for the life of the appeal.
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