No Further Pre-deposit Required Before GSTAT Where Earlier Pre-deposit Covers Reduced Tax Demand { Manoranjan Dash v. Commissioner, Odisha Commissionerate of CT & GST & Ors. GSTAT, Division Bench (Court-I), Filing No. 2025121101000004, Order dated 08.07.2026}
Facts
Appellant challenged an order passed under Section 73 of the CGST Act. While filing the appeal in FORM GST APL -01, he had already deposited 10% of the original disputed tax as the statutory pre-deposit. The Appellate Authority substantially reduced the tax demand, but the GSTAT Registry insisted on a fresh pre-deposit for filing the second appeal.
Issue
Whether an appellant is required to make an additional pre-deposit under Section 112(8) of the CGST Act when the pre-deposit already made before the First Appellate Authority exceeds 10% of the reduced disputed tax.
Held
The GSTAT held that no further pre-deposit is required where the pre-deposit made at the first appellate stage already covers the statutory requirement based on the reduced tax demand. Relying on M/s Ashirwad Food Industries v. Union of India (Jharkhand High Court), the Tribunal directed that the appeal be processed without insisting on any additional pre-deposit, subject to payment of the balance court fee.
