2024 (4) TMI 1127 - HC - GST

Maintainability of appeal - appeal dismissed on the ground of non-filing of certified copy and the same has already been filed by the petitioner - requirement of proving opportunity of hearing - HELD THAT - This Court, taking into consideration the fact the petitioner has already filed reply to the notice dated 10.05.2022 on 17.05.2022, directs that the authority may consider the same and rehear the appeal by giving opportunity of hearing to the petitioner. Consequentially, the order dated 02.06.2022 under Annexure-1 is hereby quashed. The matter is remitted to the appellate authority for rehearing of the appeal. Petition disposed off.

Summary

Issues involved:
The petitioner sought to quash an order passed by the Joint Commissioner of State Tax and requested direction for admission and disposal of the appeal under Section 107 of the Act.

Summary:

Issue 1: Non-filing of certified copy with the appeal
The petitioner's appeal under Section 107 of the Act was rejected due to non-receipt of the certified copy by the specified date. The petitioner later submitted the certified copy along with a show cause reply. The petitioner's counsel argued that the authority should reconsider the case in light of the submitted documents.

Decision 1:
The High Court, without delving into the merits of the case, directed the authority to verify the submitted documents and rehear the appeal, considering the petitioner's reply filed in response to the notice. Consequently, the impugned order was quashed, and the matter was remitted to the appellate authority for a fresh hearing.

This judgment emphasizes the importance of complying with procedural requirements, such as submitting a certified copy with the appeal, while also highlighting the need for authorities to consider relevant documents provided subsequently in the course of proceedings.