Shivam Tools Limited filed an appeal before the First Appellate Authority (AA) against order of the proper officer under section 74A of the CGST…

CA Final · Indirect Tax Laws · PYQS · May 2026
Shivam Tools Limited filed an appeal before the First Appellate Authority (AA) against order of the proper officer under section 74A of the CGST Act, 2017. The Authorized Representative (AR) of the company, who appeared in appeal proceedings, provides the following updates on the said appeal, (i) AR forgot to submit the bank statements to prove the stand of the appellant. These bank statements hold complete evidence in favour of the appellant. (ii) AA called for certificate from the supplier of the appellant as per notification issued by the CBIC in respect of payment of tax by the supplier. Since the supplier was admitted in hospital for two weeks, the AR could not produce the said evidence. AA dismissed the present appeal and the appellant decided to appeal before the GST Appellate Tribunal. You are approached to advise the appellant as to the admissibility of the above evidences before the Tribunal, which could not be filed before the AA, by briefly explaining the relevant provisions /circumstances in brief.

Suggested Answer and Working Notes:

(a) The appellant shall not be allowed to produce before Appellate Tribunal any evidence other than the evidence produced by him during the course of proceedings before Adjudicating Authority or Appellate Authority, except under the following specified circumstances: (a) where the adjudicating authority or, as the case may be, the AA has refused to admit evidence which ought to have been admitted; or (b) where the appellant was prevented by sufficient cause from producing the evidence which he was called upon to produce by the adjudicating authority or, as the case may be, the AA; or (c) where the appellant was prevented by sufficient cause from producing before the adjudicating authority or, as the case may be, the AA any evidence which is relevant to any ground of appeal; or (d) where the adjudicating authority or, as the case may be, the AA has made the order appealed against without giving sufficient opportunity to the appellant to adduce evidence relevant to any ground of appeal. In view of the above, the appellant cannot produce before the Appellate Tribunal the additional evidence of the Bank Statement. However, it can produce the additional evidence of Certificate from supplier provided Appellate Tribunal records in writing the reasons for its admission.

Topics: Appeals and Revision

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