📞 +91 80513 31315 ✉️ gstfolio@zohomail.in 🕘 Monday to Saturday, 10:00 am – 7:00 pm
Home › Blog › GSTAT Chennai: Pre-Deposit Already Paid for First Appeal Counts Towar…

GSTAT Chennai: Pre-Deposit Already Paid for First Appeal Counts Towards Tribunal Pre-Deposit; No Fresh Deposit Needed (LTM Ltd)

Decided 6 October 2026. The Chennai Bench of GSTAT has held that the pre-deposit under section 112(8) is cumulative. Where the amount already deposited for the first appeal is more than 20% of the tax still in dispute, no fresh deposit is needed for the Tribunal appeal. CBIC Circular 224/18/2024 allows such amounts to be adjusted through DRC-03A.

Case at a glance

CaseLTM Ltd. v. Commissioner of GST & Central Excise, Chennai South
ForumGSTAT, Chennai Bench (Court No. 1)
Filing No.2626059101000236
Date of order6 October 2026
Disputed tax in appeal₹53,90,420
Pre-deposit already paid₹32,94,735 (DRC-03, 28.01.2022)
ResultDefect cured; ₹10,78,084 appropriated; appeal to be admitted

Facts of the case

An order of 29.10.2021 demanded ₹3,29,47,353. The appellant paid 10% (₹32,94,735) through DRC-03 for the first appeal. The appellate authority remanded most of the demand and upheld ₹53,90,420, which is now under appeal to GSTAT.

The Registry asked for the electronic liability register showing the pre-deposit adjusted against the specific demand.

Issue before the Tribunal

Does a pre-deposit made for the first appeal satisfy the requirement under section 112(8) for the Tribunal appeal?

What the Tribunal held

  • The pre-deposit is cumulative and is not a separate liability. Following the Madras High Court in MMTC-PAMP and other decisions, credit must be given for amounts already deposited, with only any shortfall payable.
  • CBIC Circular 224/18/2024-GST (paras 7.2 and 8.2) allows amounts paid through DRC-03 to be adjusted towards pre-deposit through DRC-03A. Circulars bind the department.
  • The Finance (No. 2) Act, 2024 reduced the Tribunal pre-deposit to 10% (cap ₹20 crore) to ease working capital; demanding a fresh deposit when three times the required amount is already with the department defeats that aim.
  • ₹10,78,084 (20% of ₹53,90,420) was appropriated for this appeal. The officer must map it in the liability register, the appellant must file DRC-03A, and the first appellate authority must generate APL-04 within one month.

Practical takeaways for taxpayers

  1. Before paying a fresh pre-deposit for GSTAT, check whether your earlier deposit already covers 20% of the tax still in dispute.
  2. File DRC-03A to link DRC-03 payments to the demand ID, as per Circular 224/18/2024.
  3. If APL-04 has not been generated after the first appeal, ask the Tribunal to direct it.

Frequently asked questions

How much pre-deposit is needed for a GSTAT appeal?

10% of the tax in dispute (max ₹20 crore), in addition to the 10% paid for the first appeal; in all, 20% of the disputed tax.

Can a DRC-03 payment count as pre-deposit?

Yes, through DRC-03A, as clarified in Circular 224/18/2024-GST.

Facing a similar GST dispute?

GST Folio prepares replies to show cause notices, appeals before the Appellate Authority and GSTAT, refund claims and ITC reconciliations for businesses across India. Call or WhatsApp +91 80513 31315 or email gstfolio@zohomail.in.

This summary is based on the order of the GST Appellate Tribunal, Chennai Bench (Court No. 1) in Filing No. 2626059101000236. It is general information, not legal advice; the outcome of any case depends on its own facts and the full text of the order.

Need help? Call/WhatsApp +91 80513 31315 or email gstfolio@zohomail.in.

Need help with GST or Income Tax?

Registration, monthly returns, ITR and GST notices, handled online by experts since 2012.