Sec 111 of CGST Act, 2017 Procedure before Appellate Tribunal
The below post explains about Procedure before Appellate Tribunal under section 111 of CGST Act,2017.
Section 111 of CGST Act, 2017 explains Procedure before Appellate Tribunal as below: (The amendments if any will also be updated here soon).
The extract of Section 111 of CGST Act,2017 quoted below:
111 Procedure before Appellate Tribunal
111. (1) The Appellate Tribunal shall not, while disposing of any proceedings before it
or an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure,
1908, but shall be guided by the principles of natural justice and subject to the other provisions
of this Act and the rules made thereunder, the Appellate Tribunal shall have power to regulate
its own procedure.
(2) The Appellate Tribunal shall, for the purposes of discharging its functions under
this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure,
1908 while trying a suit in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence
Act, 1872, requisitioning any public record or document or a copy of such record or
document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) dismissing a representation for default or deciding it ex parte;
(g) setting aside any order of dismissal of any representation for default or any
order passed by it ex parte; and
(h) any other matter which may be prescribed.
(3) Any order made by the Appellate Tribunal may be enforced by it in the same
manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful
for the Appellate Tribunal to send for execution of its orders to the court within the local
limits of whose jurisdiction,—
(a) in the case of an order against a company, the registered office of the company
is situated; or
(b) in the case of an order against any other person, the person concerned
voluntarily resides or carries on business or personally works for gain.
(4) All proceedings before the Appellate Tribunal shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228, and for the purposes of section 196
of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
The above information clarifies about Procedure before Appellate Tribunal under section 111 of CGST Act,2017.
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