2022 (3) TMI 909 - HC - GST

Cancellation of petitioner's registration - Appeal barred by time limitation or not - HELD THAT - The registration cancellation order dated 17.9.2019 was passed ex-parte pursuant to a notice claimed to be served through the common portal. The petitioner could not reply to the same as he claimed lack of knowledge. Thereby, ex-parte order was passed on 17.9.2019 cancelling the petitioner's registration. The said order is claimed to have been served to the petitioner again through the common portal on 17.9.2019 itself. The physical copy of the order dated 17.9.2019 was never served on the petitioner. Meanwhile, Government of U.P. issued Government Order no. 792 dated 29.7.2020 providing, in cases involving facts such as those obtaining in the present case, the service of the orders would be deemed to have been made on 31.8.2020. Then the period of limitation to institute appeal etc., stood suspended by various orders passed by the Supreme Court as also this Court. Thus the period of limitation from 15.3.2020 to 14.3.2021 stood suspended. The present petition deserves to be allowed as the limitation to file first appeal under Section 107 of the U.P. GST Act, 2017, was three months with delay condonable for a period of one month. Once the order dated 17.9.2019 is taken to have been served on the petitioner on 31.8.2020, then in view of the suspension of limitation from 15.3.2020 to 14.3.2021 the limitation to file the appeal would start running from 15.3.2021. In that case, the appeal having been filed on 19.3.2021, the same was wholly within time. Petition allowed.

Summary

Issues:
Challenge to order dismissing appeal as time-barred under U.P. GST Act, 2017.

Analysis:
The judgment deals with a challenge to an order dismissing an appeal as time-barred under the U.P. GST Act, 2017. The petitioner's registration was cancelled by an ex-parte order on 17.9.2019, which was claimed to have been served through the common portal. However, the physical copy was never served on the petitioner. Subsequently, a Government Order dated 29.7.2020 deemed the service of orders in such cases to have been made on 31.8.2020. The period of limitation for filing the appeal was suspended from 15.3.2020 to 14.3.2021 due to various court orders.

The Court held that since the order was deemed to have been served on 31.8.2020, the limitation period for filing the appeal would start running from 15.3.2021. As the appeal was filed on 19.3.2021, it was within the prescribed time limit. Therefore, the impugned order dismissing the appeal as time-barred was set aside. The matter was remitted to the appeal authority to hear and decide the appeal on its merits, treating it as filed within time. Consequently, the petition was allowed, and the judgment favored the petitioner based on the suspension of the limitation period.

This judgment highlights the importance of adhering to statutory timelines for filing appeals under the U.P. GST Act, 2017. It also underscores the significance of court orders suspending limitation periods in certain circumstances, ensuring that parties are not unfairly prejudiced by procedural delays. The Court's decision to set aside the order and allow the appeal demonstrates a commitment to upholding procedural fairness and ensuring that parties have a meaningful opportunity to present their case.