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Appeal Order time Limitation

Ashiesh Prremji

Respected Experts,

Need Suggestion.... We have filed 'Appeal' as on 18/06/2021 against Refund Rejection Order which was based on we did not reply online SCN issued by Officer.Then Appellate Authority issued APL-02 on 22/10/2021, after that no order issued either accepting or rejecting the Appeal till date.

In the meanwhile company merger happened with a company on April 2022 & now Transferee company decided to withdraw the said Filed Appeal. Transferee company also submitted withdrawal Application dated 01/07/2022. After submitting Appeal Withdrawal Application we requested many times but they are not taking any action.

Please suggest what we need to do now ?

Thank You !

Appeal withdrawal stalled due to administrative delay; pursue documented correspondence, escalate grievances and seek deemed withdrawal remedy. An appeal against a refund rejection remained pending after appellate acknowledgement; the transferee company submitted a withdrawal application post-merger which the authority has not acted upon. Recommended steps: send a withdrawal letter with acknowledgment, issue successive reminders copied to higher officers and the Commissioner, escalate to the Board chairman if unresolved, and file an online grievance via the public portal, preserving all correspondence as evidence of attempted withdrawal and requesting administrative intervention. (AI Summary)
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Ganeshan Kalyani on Feb 7, 2023

Sir, please meet your jurisdictional GST Officials and present the fact and request for the way out.

Ashiesh Prremji on Feb 7, 2023

Sir, we have already visited 3-4 times, they use to say we will do it let us check once but they don't. Is there any platform where we can raise our issue ?

Alkesh Jani on Feb 8, 2023

Shri

Of course this is not a legal advice, but again write a letter and mention that if no reply is given in the matter within 7 days of receipt of this letter, it is deemed that you have considered the application of withdrawal.

Hope this may work for you.

Thanks

Amit Agrawal on Feb 9, 2023

Practical suggestion:

1. Write a letter to concerned officer with CC to jurisdictional divisional officer and get both acknowledgments on record

2. After 7 / 10 days, write a reminder to concerned officer with CC to jurisdictional divisional officer & Commissioner giving reference of earlier letter and get three acknowledgments on record

3. After another 7 / 10 days, write a second reminder to concerned officer with CC to jurisdictional divisional officer & Commissioner, giving reference of earlier 2 letters and get both acknowledgments on record.

4. If this does not work even after 7/10 days of last letter, write a letter to Board chairman with CC to three officers giving details of earlier '3' correspondences and request for his intervention.

These are ex facie views of mine and the same should not be construed as professional advice / suggestion.

Padmanathan KV on Mar 24, 2023

In addition to the views of the experts, also post a grievance in CPGRAMS portal.

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