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CGST Section 118 – Appeal to Supreme Court

Section 118 sets out the GST statutory route to the Supreme Court from orders of the National or Regional Benches of the Appellate Tribunal and from specified High Court judgments or orders certified as fit for appeal.

CGST Act, 2017Chapter XVIII – Appeals & Revision Supreme Court AppealNational BenchRegional BenchesHigh Court Certificate

On this page

  1. Statutory text of Section 118
  2. Section 118 in simple language
  3. The two routes to the Supreme Court
  4. Route 1 – National or Regional Bench order
  5. Route 2 – High Court certificate
  6. Procedure and practical litigation workflow
  7. Detailed practical examples
  8. Relationship with Sections 117 and 119
  9. Finance / tax-team working paper
  10. Frequently asked questions
  11. Quick revision
Bare Act

118 Appeal to Supreme Court

(1) An appeal shall lie to the Supreme Court—

(a) from any order passed by the National Bench or Regional Benches of the Appellate Tribunal; or

(b) from any judgment or order passed by the High Court in an appeal made under section 117 in any case which, on its own motion or on an application made by or on behalf of the party aggrieved, immediately after passing of the judgment or order, the High Court certifies to be a fit one for appeal to the Supreme Court.

(2) The provisions of the Code of Civil Procedure, 1908, relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under this section as they apply in the case of appeals from decrees of a High Court.

(3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be given to the order of the Supreme Court in the manner provided in section 117 in the case of a judgment of the High Court.

Important structural point: Section 118 contains two separate statutory routes: an appeal from an order of the National/Regional Bench of the Appellate Tribunal, and an appeal from a Section 117 High Court judgment/order where the High Court certifies immediately after the judgment or order that the case is fit for appeal to the Supreme Court.
Plain-language explanation

What does Section 118 actually do?

Section 118 is the Supreme Court stage in the GST appellate framework. It does not simply say that every GST dispute can automatically be taken to the Supreme Court. Instead, it identifies the specific orders from which an appeal lies and incorporates the applicable Supreme Court appellate procedure.

In simple terms: Section 118 identifies what GST orders can reach the Supreme Court under the CGST Act. One route concerns orders of the National or Regional Benches of the Appellate Tribunal. The other concerns a High Court judgment or order under Section 117 where the High Court certifies the case as fit for appeal to the Supreme Court.

Why the source of the order matters

Order being challengedSection 118 routeKey requirement
Order of National Bench of Appellate TribunalSection 118(1)(a)Statutory Supreme Court appeal route applies.
Order of Regional Bench of Appellate TribunalSection 118(1)(a)Statutory Supreme Court appeal route applies.
High Court judgment/order in an appeal under Section 117Section 118(1)(b)High Court must certify immediately after the judgment/order that the case is fit for appeal to the Supreme Court.
Core concept

The two statutory routes

118(1)(a)Appellate Tribunal → Supreme Court

An appeal lies from an order passed by the National Bench or Regional Benches of the Appellate Tribunal.

118(1)(b)High Court → Supreme Court

An appeal lies from a High Court judgment or order in a Section 117 appeal where the High Court certifies the case as fit for appeal to the Supreme Court.

Do not combine the two routes. The source of the impugned order determines which limb of Section 118 is relevant. The documentation and procedural strategy should therefore begin by identifying the exact appellate forum and the order being challenged.
Route 1

Appeal from National or Regional Bench of the Appellate Tribunal

Section 118(1)(a) expressly provides an appeal to the Supreme Court from any order passed by the National Bench or Regional Benches of the Appellate Tribunal.

Practical meaning

If the impugned GST Tribunal order is one passed by the National Bench or a Regional Bench, the tax/legal team should first identify the statutory source of the order, the complete Tribunal record and the applicable Supreme Court appellate procedure.

Identify the orderKeep the signed order, order number, date and complete annexures.
Review the legal issueMap the Tribunal's reasoning against the CGST Act, Rules and applicable case law.
Check limitation and procedureSupreme Court limitation and filing requirements must be verified under the applicable law and Supreme Court rules.
Prepare the recordMaintain pleadings, previous orders, evidence and the Tribunal record needed for the appeal.

Example

A dispute reaches the Appellate Tribunal and is decided by the Regional Bench. The aggrieved party identifies a legal issue in the Tribunal's order and seeks to invoke the Supreme Court route. Section 118(1)(a) is the statutory provision connecting that Tribunal order to the Supreme Court. The actual filing must then satisfy the applicable Supreme Court procedure.

Route 2

Appeal from a High Court judgment or order

Section 118(1)(b) covers a judgment or order passed by the High Court in an appeal made under Section 117.

However, the statutory wording contains an important certification requirement: the High Court must, immediately after passing the judgment or order, on its own motion or on an application made by or on behalf of the aggrieved party, certify the case to be a fit one for appeal to the Supreme Court.

Practical takeaway: A party should not assume that every High Court judgment under Section 117 automatically creates a Section 118 Supreme Court appeal. The certification language in Section 118(1)(b) is a key part of this route.

What should the legal team do?

Example

A taxpayer files a Section 117 appeal in the High Court. The High Court delivers its judgment. The taxpayer considers a Supreme Court challenge. Section 118(1)(b) becomes relevant where the High Court certifies, immediately after the judgment or order, that the case is fit for appeal to the Supreme Court, either on its own motion or on an application made by or on behalf of the aggrieved party.

Procedure

Practical Supreme Court appeal workflow

Impugned order→Forum identified→Section 118 route→Limitation review→Supreme Court procedure→Filing & case tracking

Step 1 – Identify the originating order

Determine whether the order is from the National/Regional Bench of the Appellate Tribunal or is a High Court judgment/order arising from Section 117.

Step 2 – Preserve the complete record

The litigation file should include the original adjudication order, earlier appellate orders, Tribunal order, High Court judgment where applicable, pleadings, written submissions, evidence and relevant correspondence.

Step 3 – Identify the exact legal issue

Prepare a concise legal-issue memorandum explaining the statutory provisions involved, the reasoning adopted in the impugned order and the legal grounds proposed for challenge.

Step 4 – Check limitation immediately

Section 118 itself does not prescribe a simple 180-day period like Section 117. The applicable Supreme Court limitation and procedural requirements must be checked under the governing law and current Supreme Court rules for the particular appeal.

Do not carry over the Section 117 180-day period into Section 118 automatically. The two sections have different procedural structures. The legal team should calculate Supreme Court limitation independently from the applicable rules and nature of the appeal.

Step 5 – Prepare the Supreme Court filing

Supreme Court appeals involve court-specific procedural requirements. Counsel should verify the current filing format, limitation, court fees, certified copies, annexures, vakalatnama/authorisation and electronic filing requirements applicable at the time of filing.

Step 6 – Post-filing compliance

Record the case number, filing date, defects if any, next listing, orders passed and any directions affecting tax recovery or other compliance obligations.

Practical examples

Detailed Section 118 examples

Example 1 – Regional Bench order

A company loses a GST dispute before the Regional Bench of the Appellate Tribunal. The company believes the Tribunal order requires Supreme Court consideration. Because the order is from a Regional Bench, Section 118(1)(a) is the relevant statutory route.

Example 2 – National Bench order

An order is passed by the National Bench of the Appellate Tribunal. The aggrieved party evaluates a Supreme Court appeal. Section 118(1)(a) expressly covers an order of the National Bench.

Example 3 – High Court judgment after Section 117 appeal

A taxpayer first takes a Tribunal order to the High Court under Section 117. The High Court delivers judgment. For the Section 118(1)(b) route, the statutory certification requirement must be examined immediately after the judgment/order.

Example 4 – Company litigation register

A company has a ₹12 crore GST dispute. The Tribunal order is received, and management initially records it as “closed at Tribunal.” Later, legal counsel identifies a Supreme Court route. The litigation register should be updated immediately with the Tribunal forum, order date, Section 118 route, limitation date, counsel, filing status and financial exposure.

Example 5 – Demand consequences

A Supreme Court appeal should not be treated as automatically extinguishing the underlying government dues. Section 119 separately states that sums due as a result of specified Tribunal or High Court orders remain payable notwithstanding that an appeal has been preferred to the High Court or Supreme Court, subject to the statutory framework.

Related provisions

How Sections 117, 118 and 119 work together

SectionSubjectPractical role
117Appeal to High CourtProvides the High Court appellate route from specified Tribunal orders, subject to the substantial-question-of-law requirement.
118Appeal to Supreme CourtProvides the Supreme Court routes specified in the section.
119Sums due notwithstanding appealAddresses payment of sums due notwithstanding an appeal to the High Court or Supreme Court.
120Appeal not to be filed in certain casesConcerns monetary limits and departmental appeals/applications.
121Non-appealable decisions/ordersIdentifies specified decisions/orders against which appeal is not available.

Appellate-chain snapshot

Adjudication→Section 107→Section 112 Tribunal→Section 117 High Court→Section 118 Supreme Court

Section 118 also contains a direct statutory route from the National or Regional Benches to the Supreme Court. Therefore, the precise appellate path depends on the forum and order involved.

Finance & tax department

Section 118 litigation working paper

FieldSuggested entry
GSTINRelevant GST registration
Tax period / FYPeriod involved
Original demandTax, interest, penalty and other amounts
Tribunal / High Court orderOrder number and date
ForumNational Bench / Regional Bench / High Court
Section 118 route118(1)(a) or 118(1)(b)
High Court certificateApplicable only for the 118(1)(b) route – record status and date
Order received dateEvidence-backed date
LimitationCurrent Supreme Court limitation calculated by counsel
Legal issueConcise statement of disputed legal issue
Documents readyComplete record / certified copies / annexures
Filing statusDraft / approved / filed / defects / listed
Case numberSupreme Court case details
Next hearingAs per court record
Financial exposureTax + interest + penalty + cash-flow impact
Management control: Keep the legal case tracker and GST demand tracker connected. A Supreme Court appeal is a legal proceeding, but the underlying demand can continue to have accounting, cash-flow, provisioning and recovery implications.
FAQs

Frequently asked questions on Section 118

1. What is Section 118 of the CGST Act?

Section 118 deals with appeals to the Supreme Court under the CGST appellate framework.

2. Can an order of the Regional Bench go to the Supreme Court?

Yes. Section 118(1)(a) expressly provides an appeal to the Supreme Court from an order passed by the Regional Benches of the Appellate Tribunal.

3. Can an order of the National Bench go to the Supreme Court?

Yes. Section 118(1)(a) expressly includes the National Bench.

4. Can every High Court judgment under Section 117 be taken to the Supreme Court?

Section 118(1)(b) specifies a certification requirement: the High Court must certify, immediately after passing the judgment or order, that the case is a fit one for appeal to the Supreme Court, on its own motion or on an application made by or on behalf of the aggrieved party.

5. Does Section 118 prescribe a 180-day limitation like Section 117?

No. Section 118 itself does not reproduce the Section 117 180-day limitation. The applicable Supreme Court limitation and procedure must be determined under the governing law and current Supreme Court rules.

6. Does the Code of Civil Procedure apply?

Section 118(2) provides that CPC provisions relating to appeals to the Supreme Court apply, so far as may be, to appeals under Section 118 as they apply to appeals from decrees of a High Court.

7. What happens if the Supreme Court varies or reverses the High Court judgment?

Section 118(3) provides that effect is to be given to the Supreme Court order in the manner provided by Section 117 for giving effect to a High Court judgment.

8. Does filing a Supreme Court appeal automatically stop recovery?

Section 119 separately states that specified sums due to Government remain payable notwithstanding an appeal to the High Court or Supreme Court. Any stay or other protective order must therefore be examined separately.

9. Is Section 118 the same as a general civil appeal to the Supreme Court?

No. Section 118 creates the GST statutory route and then applies the relevant CPC Supreme Court appeal provisions so far as may be. Supreme Court procedure must be checked for the specific matter.

10. What should a company preserve before filing?

Preserve the complete adjudication and appellate record, impugned order, pleadings, submissions, evidence, certified copies where required, limitation evidence, financial exposure calculation and management/legal approvals.

Quick revision

Section 118 at a glance

PointRemember
Section118
SubjectAppeal to Supreme Court
Route 1Order of National Bench or Regional Benches of Appellate Tribunal
Route 2High Court judgment/order under Section 117 with required High Court certification
High Court certificationCase certified as fit for appeal to Supreme Court immediately after judgment/order
CPCSupreme Court appeal provisions apply so far as may be
Effect of Supreme Court variation/reversalImplemented in the manner provided by Section 117
One-line memory aid: National/Regional Tribunal order → Supreme Court; or Section 117 High Court order + required certificate → Supreme Court.
Legal note

Use of this page

This page is prepared for GST education, reference and professional workflow support. GST law and procedure can change through Acts, rules, notifications, circulars, judicial decisions and administrative directions. Supreme Court filing procedure, limitation, court fees, certification and electronic filing requirements should be verified for the relevant date and matter. Obtain professional legal advice before taking action in an actual dispute.

← Previous sectionSection 117 – Appeal to High Court Next section →Section 119 – Sums due to be paid notwithstanding appeal, etc.