Time limit for filing of Writ petition with Hon'ble High Court, Goods and Services Tax - GST

[Kamal Arora]

Dear All,

Greetings of the Day..

What is the time limit to file writ petition with the High Court against GST Appeal rejection order.

Thanks in advance.

Posts / Replies

[Amit Agrawal]

Presuming that you meant to say 'Appeal to High Court', kindly refer to Section 117 of the CGST Act, 2017 where sub-section (1) & (2) reads as under:

"117. (1) Any person aggrieved by any order passed by the [State Benches] of the Appellate Tribunal may file an appeal to the High Court and the High Court may admit such appeal, if it is satisfied that the case involves a substantial question of law.

(2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed:

Provided that the High Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period."

[GUNASEKARAN K]

SECTION 117. Appeal to High Court.

(1) Any person aggrieved by any order passed by the State Bench or Area Benches of the Appellate Tribunal may file an appeal to the High Court and the High Court may admit such appeal, if it is satisfied that the case involves a substantial question of law.

(2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed:

Provided that the High Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period.

(3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question and the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.

(4) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit.

(5) The High Court may determine any issue which ––

(a) has not been determined by the State Bench or Area Benches; or

(b) has been wrongly determined by the State Bench or Area Benches, by reason of a decision on such question of law as herein referred to in sub-section (3).

(6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges.

(7) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only, by one or more of the other Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.

(8) Where the High Court delivers a judgment in an appeal filed before it under this section, effect shall be given to such judgment by either side on the basis of a certified copy of the judgment.

(9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section.

[Kamal Arora]

Thank You Mr. Amit Agrawal Ji and Mr. Gunasekaran K.

[Padmanathan Kollengode]

Dear qurist,

Kindly mention the authority whose order you are aggreived with?

Assuming, it is the first appellate authority, you have to file an appeal before the Tribunal which is not yet constituted.

So, you can file a writ petition before the Jurisdictional High Court for stay of further proceedings until the GST tribunal is constituted.

Normally, the High Court will direct you to pay the balance predeposit and direct you to file appeal within statutory time-limit from the date tribunal is constituted. Untill then the proceedings will be stayed.

There is no statutory time limit for filing writ petition as it is a constitutional remedy but the writ petition has to be filed within "reasonable time".

[KASTURI SETHI]

Dear Querist,

Time limit is 180 days as per Section 117 of CGST Act. Is it Order-in-Appeal ? Pl.confirm.