Appellate remand powers under GST exclude sending matters back; appellate authorities must verify evidence and decide appeals finally.

Appellate remand powers under GST exclude sending matters back; appellate authorities must verify evidence and decide appeals finally.Case-LawsGSTSection 107(11) of the CGST Act permits an appellate authority to conduct or cause further inquiry and the…

Appellate remand powers under GST exclude sending matters back; appellate authorities must verify evidence and decide appeals finally.
Case-Laws
GST
Section 107(11) of the CGST Act permits an appellate authority to conduct or cause further inquiry and then confirm, modify or annul the order under appeal; it does not permit remand to the adjudicating authority. The appellate authority must independently verify relevant documents and figures and issue a reasoned final order identifying the points for determination, its decision and reasons. A direction requiring the adjudicating authority to re-examine evidence and delete or confirm a tax demand exceeds appellate jurisdiction. The appeal must instead be decided afresh by the appellate authority after necessary verification and observance of natural justice.
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