Home / GST Legal Library / Section 157

Section 157 of the CGST Act, 2017

Protection of action taken under this Act. Understand the statutory protection available for specified Appellate Tribunal personnel and officers for actions done or intended to be done in good faith under the CGST Act or the rules made under it, including its limits and practical implications.

CGST Act Section 157Protection of ActionGood FaithGST OfficersGST Legal Library

On this page

1. Statutory Text of Section 157

157. Protection of action taken under this Act.—

(1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

(2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.

Reading note: The page reproduces the statutory language and then explains its practical meaning. The words “in good faith” and “under this Act or the rules” are central to understanding the protection.

2. Section 157 in Simple Language

Section 157 is designed to protect certain persons from legal proceedings for actions that they take, or intend to take, honestly and in good faith while performing functions under GST law.

GST administration involves registration, scrutiny, assessment, audit, investigation, recovery, appeals, adjudication, inspection and many other statutory functions. Officers and specified Appellate Tribunal personnel need to be able to perform those functions without every bona fide administrative or statutory action automatically exposing them to personal legal proceedings.

However, Section 157 should not be read as saying that every action of a GST officer is immune from challenge. The statutory protection is expressly linked to action done or intended to be done in good faith and under the CGST Act or the rules made under it.

The core idea

PhrasePractical meaning
No suit, prosecution or other legal proceedings shall lieThe provision creates statutory protection against the specified legal proceedings in the circumstances covered by the section.
Good faithThe protection is connected with bona fide performance of statutory functions, rather than an unlimited immunity for every act.
Done or intended to be doneThe language covers both an action already taken and an action intended to be taken.
Under this Act or the rulesThe action must have a connection with functions authorised by the CGST Act or rules made under it.

3. Who is Covered by Section 157?

Section 157(1): Appellate Tribunal-related persons

Sub-section (1) specifically refers to the President, State President, Members, officers or other employees of the Appellate Tribunal and any other person authorised by the Appellate Tribunal.

The wording is important because it identifies the class of persons to whom the first limb of protection applies. The exact statutory wording should be followed rather than assuming that every person connected with a GST appellate institution automatically falls within the provision.

Section 157(2): Officers appointed or authorised under the Act

Sub-section (2) separately protects any officer appointed or authorised under the CGST Act, where the officer's action or intended action is done in good faith under the Act or its rules.

Why are there two sub-sections?

The provision separately addresses Appellate Tribunal personnel and officers appointed or authorised under the Act. For practical analysis, first identify the person, then identify the statutory function being performed, and finally examine whether the conduct falls within the good-faith statutory protection.

4. What Does “Good Faith” Mean in Section 157?

“Good faith” is a key limitation built into Section 157. In ordinary legal usage, it broadly refers to acting honestly and bona fide rather than deliberately abusing a statutory power for an improper purpose.

For a GST compliance team, the important point is that the phrase should not be reduced to simply saying, “the officer believed the action was correct.” The surrounding facts, statutory authority, procedure and circumstances can matter when the protection is examined.

SituationWhy it matters
Officer follows an applicable statutory procedure while making a bona fide decisionThis is the type of conduct the protection is intended to address.
Officer makes an honest mistake while performing a statutory functionThe question of good faith and statutory authority must be examined from the facts; Section 157 is not a blanket declaration that every mistake is immune.
Action has no apparent connection with a statutory functionThe phrase “under this Act or the rules” becomes important.
Action is alleged to be deliberately dishonest or in bad faithThe statutory protection may become contested because good faith is an express condition.
Important: “Good faith” should be assessed from the facts and applicable law. It should not be assumed merely because the person is a government officer.

5. Section 157 Is Not Blanket Immunity

One of the most important practical points is that Section 157 does not say that a GST officer can never be sued, prosecuted or otherwise proceeded against. The protection is qualified.

Four questions to ask

  1. Who acted? Determine whether the person falls within Section 157(1) or 157(2).
  2. What was done? Identify the exact action, order, communication or intended action.
  3. Under what authority? Identify the provision of the CGST Act or rules under which the function was being performed.
  4. Was it done in good faith? Examine the actual circumstances rather than assuming either good faith or bad faith.

Protection versus challenge

A taxpayer may still have statutory remedies against an assessment, adjudication order, demand, registration action, refund decision or other GST action where the Act provides an appeal, rectification or other remedy. Section 157 should therefore be read together with the relevant procedural and appellate provisions rather than in isolation.

Practical distinction: A provision protecting an officer from specified legal proceedings is different from a provision that declares a GST order correct or unchallengeable. Section 157 is about protection of covered persons for qualifying conduct; it is not a declaration that every underlying decision is legally correct.

6. Detailed Practical Examples

Example 1 – Statutory scrutiny

An authorised GST officer scrutinises a taxpayer's return using powers available under the CGST Act and applicable rules and records reasons in the prescribed process. If the action is taken in good faith as part of the statutory function, Section 157 may be relevant to protection of the officer.

Example 2 – Investigation

An officer authorised under the Act carries out an investigation within the statutory framework and issues a communication connected with the investigation. The fact that the taxpayer disagrees with the investigation does not by itself establish bad faith. The statutory authority and facts must be examined.

Example 3 – Bona fide error

An officer makes an interpretation or procedural error while performing a GST function. The taxpayer may have a remedy under the GST framework depending on the nature of the order or action. Section 157 should not automatically be treated as making the underlying action correct.

Example 4 – Appellate Tribunal personnel

A person covered by Section 157(1) performs a function connected with the Appellate Tribunal in good faith under the Act or rules. The statutory protection may apply to the covered conduct.

Example 5 – Action outside statutory function

If an alleged act has no genuine connection with a function under the CGST Act or rules, the words “under this Act or the rules made thereunder” become a critical issue. Section 157 should not be treated as an unlimited shield for unrelated conduct.

Example 6 – Disagreement with an order

A taxpayer believes an adjudication order is legally wrong. The appropriate analysis begins with the appeal or other remedy provided by GST law. Simply alleging that the officer should personally be liable does not replace the statutory dispute-resolution process.

Example 7 – Alleged bad faith

A taxpayer alleges that an officer acted for an improper purpose rather than performing the statutory function bona fide. Such an allegation would require evidence and legal analysis. The words “in good faith” in Section 157 are directly relevant.

Example 8 – Authorised officer

An officer expressly authorised under the Act exercises a power within the scope of that authorisation and in good faith. Sub-section (2) is the relevant limb to examine.

Example 9 – Internal finance records

A company receives a GST notice and its finance team disagrees with the officer's interpretation. The company should preserve the notice, reply, supporting documents and statutory provisions, and use the appropriate GST remedy if required. Section 157 does not eliminate the taxpayer's procedural rights.

Example 10 – Intended action

The section expressly uses the words “done or intended to be done.” Therefore, the statutory wording is not confined only to actions that have already been completed.

Example 11 – Tribunal-authorised person

A person authorised by the Appellate Tribunal performs a covered function in good faith under the Act or rules. Section 157(1) specifically includes such authorised persons.

Example 12 – Separate remedy question

A taxpayer challenges the validity or correctness of an order. The question of whether the order can be appealed or rectified is separate from the question of whether Section 157 protects the person who acted. Both issues should be analysed independently.

7. What Section 157 Means for Taxpayers and Businesses

For a taxpayer, Section 157 is primarily relevant when considering whether a legal proceeding against a GST officer or specified Appellate Tribunal person is affected by statutory protection.

If you disagree with a GST action

  1. Obtain the exact notice, order or communication.
  2. Identify the officer and the statutory authority mentioned.
  3. Identify the provision under which the action was taken.
  4. Check whether a prescribed appeal, review, rectification or other remedy exists.
  5. Preserve evidence of dates, communications, submissions and procedural steps.
  6. If bad faith or action outside statutory authority is specifically alleged, document the factual basis rather than relying on a general assertion.

Why finance teams should care

Large businesses often receive multiple GST communications across GSTINs and projects. Maintaining a litigation and notice tracker helps separate ordinary tax disputes from exceptional allegations concerning authority, procedure or conduct.

RecordWhy retain it?
Notice/orderEstablishes the exact action being challenged.
Relevant statutory provisionHelps identify the legal source of authority.
Reply and annexuresShows the taxpayer's factual and legal response.
Hearing recordHelps establish procedural history.
Appeal/rectification documentsTracks the statutory remedy pursued.
CorrespondencePreserves the chronology and context.

8. Section 156 vs Section 157 vs Section 160

ProvisionSubjectCore idea
Section 156Persons deemed to be public servantsPersons discharging functions under the CGST Act are deemed to be public servants for the statutory purpose stated there.
Section 157Protection of action taken under the ActProvides protection for specified persons for qualifying action done or intended to be done in good faith under the Act or rules.
Section 158Disclosure of information by a public servantDeals with statutory restrictions and exceptions relating to disclosure of information.
Section 159Publication of information in certain casesDeals with publication of information concerning persons in specified circumstances.
Section 160Assessment proceedings etc.Deals with circumstances in which certain proceedings are not to be invalidated on specified grounds.

These provisions address different legal issues. Section 156 concerns status, Section 157 concerns protection of qualifying action, Section 158 concerns disclosure, and Section 160 concerns specified grounds of invalidity.

9. Practical Workflow When Section 157 Becomes Relevant

StepAction
1. Identify the personDetermine whether the person is covered by Section 157(1) or 157(2).
2. Identify the actRecord the exact action or intended action.
3. Identify statutory authorityLocate the CGST Act provision and applicable rules.
4. Check procedureReview notices, hearing opportunities, prescribed forms and timelines where relevant.
5. Examine good faithAssess the actual facts and documentary record.
6. Identify taxpayer remedyCheck appeal, rectification or other statutory mechanisms available for the underlying action.
7. Escalate exceptional issuesWhere allegations concern bad faith, lack of authority or other exceptional circumstances, obtain appropriate legal advice based on the full record.

10. Common Misunderstandings About Section 157

Misunderstanding 1: “GST officers have complete immunity.”

Section 157 contains express conditions. It is not worded as unlimited immunity for every act of every officer.

Misunderstanding 2: “If an officer makes an error, the taxpayer cannot challenge the order.”

The protection of the person and the correctness or appealability of the underlying GST order are separate questions.

Misunderstanding 3: “Good faith means the officer is automatically protected.”

Good faith is a factual and legal issue. The action must also be under the Act or rules.

Misunderstanding 4: “Section 157 applies only to officers.”

Sub-section (1) specifically includes specified Appellate Tribunal personnel and persons authorised by the Tribunal, while sub-section (2) addresses officers appointed or authorised under the Act.

Misunderstanding 5: “A taxpayer cannot take any legal remedy.”

Section 157 does not remove the statutory appeal, rectification or other remedies available against GST actions. The particular remedy depends on the provision and nature of the action.

11. Relationship With the Wider GST Legal Framework

Section 157 sits in Chapter XXI of the CGST Act, dealing with miscellaneous provisions. It should be read in context with the neighbouring provisions on public-servant status, information confidentiality/publication, validity of proceedings, rectification and civil-court jurisdiction.

ProvisionWhy it may matter with Section 157
Section 156Deals with persons deemed to be public servants.
Section 158Deals with disclosure of information by a public servant.
Section 159Deals with publication of information in specified cases.
Section 160Addresses specified grounds on which assessment proceedings etc. are not to be invalidated.
Section 161Provides a rectification mechanism for errors apparent on the face of the record.
Section 162Deals with the bar on jurisdiction of civil courts.

12. SEO Questions People Commonly Search

13. Frequently Asked Questions

1. What is Section 157 of the CGST Act?It provides protection from specified legal proceedings for covered persons in respect of things done or intended to be done in good faith under the CGST Act or rules made under it.
2. Does Section 157 protect every GST officer?Sub-section (2) covers an officer appointed or authorised under the Act, subject to the statutory conditions including good faith and action under the Act or rules.
3. Who is mentioned in Section 157(1)?The provision names the President, State President, Members, officers or other employees of the Appellate Tribunal and persons authorised by the Appellate Tribunal.
4. What is the importance of good faith?It is an express condition in both sub-sections. The protection is therefore not an unconditional immunity.
5. Does disagreement with an officer prove bad faith?No. A disagreement with an assessment, interpretation or order does not by itself establish bad faith.
6. Can a taxpayer appeal a GST order?Where the CGST Act provides an appeal or another statutory remedy, that remedy must be considered based on the nature of the order or action. Section 157 does not itself decide the merits of the taxpayer's case.
7. Does Section 157 make every officer action valid?No. The provision is about protection for qualifying conduct; it is not a general declaration that every officer action is legally valid.
8. What does “under this Act or the rules made thereunder” mean?The protected action must be connected with functions performed under the CGST Act or rules made under it.
9. Does Section 157 cover intended actions?Yes. Both sub-sections use the words “done or intended to be done”.
10. Is Section 157 relevant to GST Tribunal personnel?Yes. Sub-section (1) specifically refers to specified Appellate Tribunal personnel and persons authorised by the Tribunal.
11. Is Section 157 the same as Section 156?No. Section 156 concerns persons deemed to be public servants, while Section 157 concerns protection for qualifying action taken under the Act.
12. Is Section 157 the same as Section 158?No. Section 158 principally deals with disclosure of information by a public servant.
13. What should a company do if it believes a GST action is unlawful?Preserve the notice/order and complete record, identify the statutory authority and applicable remedy, and obtain appropriate professional/legal advice where necessary.
14. Does Section 157 stop all court proceedings?The statutory text addresses “suit, prosecution or other legal proceedings” for the qualifying circumstances described in the provision. Whether the protection applies to a particular proceeding depends on the facts and law.
15. Can Section 157 be used to justify an action outside GST law?The wording itself refers to things done or intended to be done under the Act or rules, so it should not be treated as a general protection for unrelated conduct.
16. Why should finance teams understand Section 157?It helps them distinguish a dispute over the correctness of a GST decision from an exceptional issue concerning statutory authority, conduct or the availability of legal proceedings against an officer.
17. Is this page legal advice?No. It is an educational explanation of the statutory provision. The applicable law, amendments, rules, notifications, circulars and judicial interpretation should be checked for the relevant date and facts.
18. Should historical versions of Section 157 be relied upon?No. Historical wording can differ from the law applicable to a particular period. Always identify the relevant effective date before relying on a statutory provision.

14. Quick Revision – Section 157

Section:
157
Subject:
Protection of action taken under the CGST Act
Sub-sections:
2
Key condition:
Action must be done or intended to be done in good faith
Legal connection:
Action under the CGST Act or rules made thereunder
157(1):
Specified Appellate Tribunal personnel and authorised persons
157(2):
Officer appointed or authorised under the Act
Core warning:
Not a blanket immunity for every act

15. Practical Takeaway

Section 157 is best understood as a qualified statutory protection. It protects specified persons against the legal proceedings described in the section when their relevant actions or intended actions are performed in good faith under the CGST Act or the rules made under it.

For businesses, the practical approach is to keep the protection provision separate from the merits of a tax dispute. If a taxpayer disagrees with an order, first identify the statutory remedy. If the issue instead concerns alleged lack of authority, bad faith or conduct outside the statutory function, the facts and legal basis should be documented carefully.

One-line memory aid: Section 157 = protection for covered GST/Appellate Tribunal functionaries for qualifying actions done or intended to be done in good faith under the Act or rules.

16. Previous and Next Sections

Legal Disclaimer

This page is provided for educational and GST compliance-workflow support. It is not legal advice and should not be treated as a substitute for professional advice. GST law is subject to amendments, notifications, circulars, rules and judicial interpretation. Always verify the law applicable to the relevant date, facts, jurisdiction and proceeding before taking action.

ooter-links">HomeGST Reconciliation ToolGST KnowledgeGST Lega