Section 108 of CGST Act

Powers of Revisional Authority

 

• Enforced w.e.f. 1-7-2017.
•  
• For Notified Revisional Authority, see notification No. 5/2020- Central Tax, dated 13-1-2020.
•  
• See rule 109B and Form Nos. GST APL- 04 and GST RVN- 01 of CGST Rules, 2017.

 

Section 108 (1)

 

Subject to the provisions of section 121 and any rules made thereunder,

the Revisional Authority may, on his own motion,

or upon information received by him or on request from the Commissioner of State tax,

or the Commissioner of Union territory tax,

call for and examine the record of any proceedings, and

if he considers that any decision or order passed under this Act or under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act

by any officer subordinate to him is erroneous insofar as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts,

whether available at the time of issuance of the said order or not or in consequence of an observation by the Comptroller and Auditor General of India,

he may, if necessary,

stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary,

pass such order, as he thinks just and proper,

including enhancing or modifying or annulling the said decision or order.

 

Section 108 (2)

 

The Revisional Authority shall not exercise any power under sub-section (1), if—

 

a. the order has been subject to an appeal under section 107 or section 112 or section 117 or section 118; or

 

b. the period specified under sub-section (2) of section 107 has not yet expired or more than three years have expired after the passing of the decision or order sought to be revised; or

 

c. the order has already been taken for revision under this section at an earlier stage; or

 

d. the order has been passed in exercise of the powers under sub-section (1):

 

Provided that the Revisional Authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of sub-section (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of that sub-section, whichever is later.

 

Section 108 (3)

 

Every order passed in revision under sub-section (1) shall, subject to the provisions of section 113 or section 117 or section 118, be final and binding on the parties.

 

Section 108 (4)

 

If the said decision or order involves an issue on which the Appellate Tribunal or the High Court has given its decision in some other proceedings and

an appeal to the High Court or the Supreme Court against such decision of the Appellate Tribunal or the High Court is pending,

the period spent between the date of the decision of the Appellate Tribunal and the date of the decision of the High Court or the date of the decision of the High Court and the date of the decision of the Supreme Court shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section.

 

Section 108 (5)

 

Where the issuance of an order under sub-section (1) is stayed by the order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2).

 

Section 108 (6)

 

For the purposes of this section, the term, –

 

i. “record” shall include all records relating to any proceedings under this Act available at the time of examination by the Revisional Authority;

 

ii. “decision” shall include intimation given by any officer lower in rank than the Revisional Authority.