Rule 109C of the CGST Rules, 2017

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GST›CGST Rules, 2017›Chapter XIII, Appeals and Revision

At a glance

Bars, duties and time limits

  • 109CThe appellant must file FORM GST APL-01/03W before the show cause notice under section 107(11) or the order under that subsection is issued, whichever occurs earlier.
  • 109C second provisoA fresh appeal after withdrawal must meet the time limit under section 107(1) or section 107(2), as applicable.

Procedure, powers and definitions

  • 109C first provisoOnce final acknowledgement in FORM GST APL-02 has been issued, withdrawal requires approval. The Appellate Authority must decide the withdrawal application within seven days of its filing.

Rule 109C permits an appellant to seek withdrawal of an appeal filed in FORM GST APL-01 or FORM GST APL-03 before the specified proceedings reach their cut-off. Withdrawal after final acknowledgement needs the Appellate Authority’s approval. Any fresh appeal following withdrawal remains subject to the applicable filing period under section 107; withdrawal does not supply a fresh period.[1]

Text

The text below is the rule as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Rules as published in the Gazette of India is the legal source.

Rule 109C, verbatim (show)

1[Rule 109 C. Withdrawal of Appeal. -

The appellant may, at any time before issuance of show cause notice under sub-section (11) of section 107 or before issuance of the order under the said sub-section, whichever is earlier, in respect of any appeal filed in FORM GST APL-01 or FORM GST APL-03, file an application for withdrawal of the said appeal by filing an application in FORM GST APL-01/03W:

Provided that where the final acknowledgment in FORM GST APL-02 has been issued, the withdrawal of the said appeal would be subject to the approval of the appellate authority and such application for withdrawal of the appeal shall be decided by the appellate authority within seven days of filing of such application:

Provided further that any fresh appeal filed by the appellant pursuant to such withdrawal shall be filed within the time limit specified in sub-section (1) or sub-section (2) of section 107, as the case may be.]

1. Inserted vide Notification No. 26/2022 - CT dated 26.12.2022.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the rule they come from. They describe what the rule asks; they do not decide it.

Withdrawal application before first statutory cutoff 109C

Questions to answer on the file5 questions
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Approval after final acknowledgement 109C first proviso

Questions to answer on the file2 questions
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Decision within seven days 109C first proviso

Questions to answer on the file4 questions
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Fresh appeal retains original limitation 109C second proviso

Questions to answer on the file3 questions
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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to Rule 109C as footnoted in the CBIC text
NoteChange
1Inserted vide Notification No. 26/2022 - CT dated 26.12.2022.[2]
Provisions connected to Rule 109C
ProvisionConnectionWords that tie them
Section 107 of the CGST Act, 2017this provision requires Section 107 of the CGST Act, 2017109C "sub-section (11) of section 107"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this rule, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Notifications (1)

NumberDateSubject
Notification No. 26/2022-Central Tax26 December 2022Seeks to make fifth amendment (2022) to CGST Rules

See also

References

  1. Central Board of Indirect Taxes and Customs. "Rule 109C. Withdrawal of Appeal". Central Goods and Services Tax Rules, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. Notification No. 26/2022-Central Tax, dated 26 December 2022: Seeks to make fifth amendment (2022) to CGST Rules. Cited in CBIC footnote 1.

External links